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(영문) 의정부지방법원 2020.11.18 2019가단133059
건물명도(인도)
Text

The Plaintiff

A. Defendant A shall deliver the real estate listed in paragraph 1 of the attached Table 1 to Defendant A, and KRW 3,358,610 among them, and KRW 3,294.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement between the Defendants on May 9, 2018 with respect to each of the instant real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant 0 real estate”) on the following terms and conditions as to each of the instant real estate (hereinafter “instant 0 real estate”) as to each of the instant 2 real estate on December 31, 2018:

B. Article 1(3) and (4) of the General Terms and Conditions of each of the instant lease agreements provide that “if a lessee fails to pay the monthly rent by the end of each month, the overdue charge (the overdue charge rate calculated by applying the overdue charge rate (the minimum overdue charge rate for general loan loans of a financial institution under the Banking Act, which is a financial institution under the Banking Act and whose share in the lending market of household funds is the highest) shall be added to the overdue charge,” and Article 10(1)4 of the General Terms and Conditions of the instant lease agreement provides that “if the rent is in arrears for at least three consecutive months, the lessor may terminate

A 1 A 73,294,9003,358,610 2 B 91,303, 140 1,338,010 31,338,010 31,966,880 998,250

C. However, the Defendants did not pay monthly rents until August 2019 as follows. D.

The Plaintiff notified the Defendants of the termination of each of the instant lease agreements pursuant to Article 10(1) Subparag. 4 of the General Terms and Conditions of each of the instant lease agreements.

On the other hand, the overdue interest rate applicable to each of the instant lease agreements is 7% per annum from September 1, 2016.

[Based on the recognition] Defendant A: The confession (Article 150(3) of the Civil Procedure Act): Defendant B: The absence of dispute, and each number of evidence A Nos. 1 through 4 is included.

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