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(영문) 의정부지방법원 2017.05.26 2016가단129318
건물명도
Text

1. The Plaintiff:

A. Defendant B shall be KRW 12,126,027 and the interest rate of KRW 15% per annum from January 10, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On April 22, 2011, the Plaintiff leased real estate listed in attached Table 123 to Defendant B for a period of five years from May 31, 2011 to May 30, 2016.

Defendant B occupied and used the above real estate until September 28, 2014, and paid KRW 1,200,000 to the Plaintiff as rent.

B. On September 29, 2014, the Plaintiff sold real estate listed in attached Table 123 to Defendant C in KRW 400,000,000. Under the above sales contract, where the above Defendant did not pay the down payment of KRW 100,000,000 within 50 days after the preparation of the sales contract, the above sales contract is deemed null and void.

Defendant C did not pay the down payment of KRW 100,000,000 within 50 days after the formation of the above sales contract. Nevertheless, Defendant C occupied and used the real estate listed in attached Table 123 by installing a warehouse of the light-stowing-stowing-stowing-stowing-stowing-stowing-stoplate (hereinafter “real estate listed in attached Table No. 4”) on the ground of 104 square meters in order to each point listed in attached Form No. 1 through 4 and 1 among the real estate listed in attached Table No. 2, and paid KRW 1,20,000 to the Plaintiff as rent.

C. Defendant D occupies each of the above real estate by placing its own articles on the real estate listed in Section 14 of the Attached List.

【Defendant B, D: The fact that there is no dispute, Gap 1 through 7, defendant C's purport of the whole pleadings, which is the basis of recognition

2. The assertion and judgment

A. According to the facts as to the cause of the claim, based on the following facts: ① Defendant B shall pay to the Plaintiff the rent from May 31, 201 to September 28, 2014 with respect to the real estate listed in attached Table 12,126,027 won (=4,00,000 won x (3.121/365 days x (121/365 days) - 1,200,000 won, and less than KRW 1,20,000; hereinafter the same shall apply) and damages for delay calculated by the rate of 15% per annum from January 10 to the day of full payment, which is the day following the day on which the duplicate of the complaint in this case was served to the above Defendant.

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