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(영문) 인천지방법원 2015.05.14 2015가단3067
건물인도등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached list, the second floor is handed over to 52.62 square meters, and the building is above from January 10, 2015.

Reasons

1. Comprehensively taking account of the purport of the argument as to Gap evidence Nos. 1 and 2 regarding claims for delivery of buildings, etc., the plaintiff, on June 30, 201, set lease deposit amounting to 500,000 won, monthly rent of 30,000 won, and from June 30, 2011 to June 30, 2013 (hereinafter “the instant lease contract”). The plaintiff renewed the instant lease contract under the same conditions as the defendant around June 30, 2013, and the defendant did not pay the rent from August 10, 2013 to August 10, 201, the lease contract of this case was terminated, and the defendant did not return the rent of this case to the defendant from August 10, 2013 to June 215, 2015 without returning the deposit money to the defendant.

According to the above facts, the lease contract of this case was lawfully terminated on February 24, 2015, on the ground of the failure to pay two or more rents.

As such, the Defendant, who is the possessor of the instant building, is obligated to deliver the instant building to the Plaintiff and pay damages equivalent to the rent and the rent calculated by the ratio of KRW 300,000 per month from January 10, 2015 to the completion date of delivery of the said building.

2. Comprehensively taking account of the purport of evidence No. 3 of the judgment on the claim for loans, the Defendant may acknowledge the fact that he/she agreed to pay KRW 12 million to the Plaintiff within one year on June 30, 201, and thus, the Defendant calculated the ratio of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 25, 2015 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, to the day of complete payment.

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