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(영문) 서울남부지방법원 2017.09.12 2017가단223136
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Annex 1, 2, 3, 4.2, among the buildings on the second floor 804.99 square meters listed in the attached list, the annexed drawings 1, 2, 3.

Reasons

1. Facts of recognition;

A. Of the buildings listed in the separate sheet owned by the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “the instant building”), the Defendant: (a) leased KRW 20,00,000, monthly rent of KRW 20,420,00 (including value-added tax) and the lease term of KRW 330,00,00, in sequence, connected each point in the following items to Nonparty Co., Ltd. (hereinafter “the instant building”); (b) determined and leased the leased section 1,2, 333,00 square meters (hereinafter “lease”) among the buildings listed in the separate sheet owned by Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”); and (c) determined the lease term from October 31, 2015 to October 3

B. On January 16, 2017, the Plaintiff acquired the ownership of the instant building from the Nonparty Company and succeeded to the lessor’s status against the Defendant of the Nonparty Company.

C. After January 16, 2017, the Defendant did not pay the Plaintiff all monthly rent despite the Plaintiff’s demand to pay monthly rent.

Between January 16, 2017 and April 30, 2017, the monthly rent of KRW 8,470,000 (= KRW 1,210,000 for monthly rent of KRW 2,420,00 for 1/2 months). D.

On May 30, 2017, the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the lease contract on the grounds of the Defendant’s delinquency in monthly rent, was served on the Defendant.

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

2. According to the facts stated in paragraph (1) of the judgment, the Defendant is obligated to deliver the leased portion to the Plaintiff upon performance of the duty to restore following the termination of the lease agreement on May 30, 2017, and the Defendant is obligated to pay the amount of delayed rent of 8,470,000 won from January 16, 2017 to April 30, 2017, and damages for delay calculated at the rate of 15% per annum from May 31, 2017 (the day following the day on which the complaint of this case, which was sought by the Plaintiff, was served on the Defendant) to the day of complete payment, from May 1, 2017 to the day of delivery of the leased portion to the Plaintiff.

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