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(영문) 서울남부지방법원 2018.01.09 2017가단231564
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver 76.03 square meters on the 2nd floor listed in the separate sheet;

B. Defendant B shall start on December 1, 2017.

Reasons

1. Facts of recognition;

A. On July 6, 2011, the Plaintiff leased to Defendant B the lease deposit of KRW 20,000,000, monthly rent of KRW 1,000,000 (the monthly rent shall be paid on the 28th day of each month, and the late payment shall be paid at the rate of 18% per annum when the monthly rent is unpaid), and the lease period of KRW 26.03 square meters from July 6, 201 to 24 months, respectively.

B. Defendant B subleaseed the leased portion to Defendant C with the Plaintiff’s consent.

C. Defendant B did not pay KRW 500,000 among the monthly rent for February 2017 and the monthly rent after March 2017.

Defendant C had illegally remodeled the leased part into a massage place, and used it as a place of sexual traffic.

E. The plaintiff is above C.

subsection (d) and (d);

On August 3, 2017, the complaint of this case, stating the declaration of intent to terminate the above lease agreement on the grounds stated in the Paragraph, was served on Defendant B.

[Reasons for Recognition] Facts without dispute, obvious facts in record, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts stated in paragraph (1) of the claim for extradition against the Defendants, a lease agreement between the Plaintiff and the Defendant between the Plaintiff and the Defendants was terminated on August 3, 2017, and the Defendants lost a legitimate title to possess the leased portion, so the Defendants are obligated to deliver the leased portion to the Plaintiff.

B. The gist of the Plaintiff’s claim 1 for damages against Defendant B was not paid KRW 10,00,000 for monthly rent from February 2, 2017 to November 2017 by Defendant B. After Defendant B was subject to reduction of the water rate in arrears, Defendant B paid KRW 343,270 on behalf of the Plaintiff. Defendant B suffered damage from removal of underground coffee shop facilities and disbursement of KRW 9,801,000 for waterworks construction, which occurred due to the failure to properly manage the water supply.

o 20,00,000 won of the lease deposit received by the Plaintiff from Defendant B was less than 20,14,270 won in total, including monthly rent, amount of indemnity, and amount of damages in arrears.

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