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(영문) 창원지방법원 2016.10.28 2016가단107229
건물명도등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

B. 33,550,000 won and October 2016

Reasons

1. On October 1, 2014, the Plaintiff is the owner of the building listed in the separate sheet (hereinafter “instant building”). On October 1, 2014, the Plaintiff entered into a lease agreement with Defendant B with respect to the instant building (hereinafter “instant lease agreement”).

(1) Term of lease: From October 2, 2014 to October 1, 2019. (2) Lease deposit: KRW 50 million: From October 2, 2014 to October 31, 2019. From October 2, 2014, monthly rent: From August 2, 2014 to July 31, 2015: 1.5 million won (excluding value-added tax): From August 1, 2015 to October 1, 2016: 2.5 million won (excluding value-added tax) from October 2, 2016 to October 1, 2017: 3 million won (excluding value-added tax) from October 2, 2017 to October 1, 2019.

(4) Where the payment of monthly rent or monthly management expenses of a contract is overdue for at least three months even during the term of the contract, the lessee may be requested to pay such rent or monthly management expenses for at least two weeks, and this contract may be terminated immediately if the payment is not made after the term expires.

Defendant B paid only KRW 23,100,000 among the rent of KRW 38,500,000 (including value-added tax) accrued until April 1, 2016.

From the time of the instant lease agreement to the present day, Defendant C occupied the instant building along with Defendant B.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant B delayed the monthly rent for at least three months, and the instant lease contract was terminated due to the delivery of a copy of the complaint seeking the termination of the lease agreement.

I would like to say.

Therefore, the Defendants, as joint occupants, jointly deliver the instant building to the Plaintiff, and are obliged to pay 33,50,000 won (=38,50,000 won - 21,450,750,000 won x 6 months) accrued until October 1, 2016, which was prior to the closing of the instant argument, and 3,30,000 won per month from October 2, 2016 to the completion of the delivery of the instant building.

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