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(영문) 인천지방법원 2018.11.30 2018가단238109
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 57,101,460 won and from August 7, 2018.

Reasons

1. Facts of recognition;

A. On February 7, 2018, the Plaintiff: (a) determined the amount of KRW 70 million for lease deposit; (b) KRW 8520,00 for the rent month (excluding value-added tax; hereinafter the same shall apply); (c) February 7, 2018; (d) interest rate of KRW 19% for the overdue interest on rent and management expenses; and (e) determined the amount of KRW 50,000 for the lease deposit and KRW 9-1 (3 real estate) for the period of KRW 950,000 for the lease deposit, KRW 950,000 for the rent, KRW 208 for the period of February 7, 2018, and KRW 19% for the interest rate on the overdue interest on rent and management expenses in the attached list; and (e) determined the amount of KRW 500,000 for the lease deposit and KRW 950,000 for the period of February 7, 2018.

B. On February 7, 2018, the Defendant paid KRW 70 million to the Plaintiff as the deposit for lease and KRW 1 million to the Plaintiff, and continuously occupied and used each of the above lease objects (hereinafter “each of the instant real estate”) by the Plaintiff, but did not pay rent and management expenses after April 7, 2018.

C. On August 6, 2018 under each of the above lease agreements, the rent in arrears as of August 6, 2018 is KRW 41,668,00 in total, and the management fee in arrears as of July 26, 2018 is KRW 15,43,460 in total.

The plaintiff notified the defendant of the termination of each of the above lease agreements on the grounds of delinquency in rent, management fee, etc. by serving the duplicate of the complaint of this case.

(Service Date on September 28, 2018). [Attachment 70,835,60 won for unpaid rent as of November 16, 2018, and KRW 3,882,544 for late rent, management expenses, KRW 22,153,40 for late rent, KRW 1,053,810 for late rent, KRW 97,925,354 for late rent, and KRW 97,925,354 for late rent] (Partial claim) (No dispute over the grounds for recognition] (No dispute, evidence No. 1-2, 3, evidence No. 2-1, 2-2, evidence No. 3-1, 3-4, evidence No. 4-1, 5-5, and evidence No. 1, 1-4, and the purport of the whole pleadings, as of the whole oral proceedings.

2. Determination of each of the above lease agreements was terminated on September 28, 2018 by the Plaintiff’s notice of termination.

The defendant delivers the real estate of this case to the plaintiff, and 57,101,460 won in arrears and management expenses (=41,68,000 won in arrears) and 10,417,000 won in each of the above real estate from August 7, 2018 to August 7, 2018 (=(=(8,520,000 won in 950,000 won) x 1.1.).

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