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(영문) 서울남부지방법원 2015.09.10 2015나51154

건물명도

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal shall be borne by each party.

3. Disposition of the first instance court; and

Reasons

1. Facts of recognition;

A. On November 6, 2012, the Plaintiff entered into a contract to lease the instant real estate to the Defendant with a deposit of KRW 2,230,00, monthly rent of KRW 40,870, and the term of lease from December 1, 2012 to November 30, 2014 (hereinafter “instant lease contract”). The details of the said lease contract are as follows.

1) A lessee shall pay the management expenses and usage fees by the end of each month as notified by the lessor or the managing body designated by the lessor, and in the absence of such payment, the lessor may require the lessee to pay the overdue charge calculated by applying the overdue rate under Article 1(3) to the overdue charge (Article 4(1)2 of the Contract). If the lessee commits an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

(Article 10(1). 9. Other cases in which the obligation under this lease contract is violated; 3) If the lease contract is canceled or terminated, the lessee shall issue an order to the lessor within one month from the date of cancellation or termination of the lease contract (the contract).

6. Special conditions under Article 9(1) of the Special Conditions. Where a lessee fails to specify a house despite the termination of the lease contract, the amount equivalent to 1.5 times the rent for the period from the day following the day on which the lessee is obliged to specify the house shall be paid to the lessor as illegal occupancy compensation (a contract).

6. Special conditions of Article 11) . Management expenses of the relevant month (unit: 104, 120, 32,670, 32,670, 28, 2910, 23, 23, 190 until September 23, 2013, 23, 31,520, 33, 2013, 111, 22, 940, 32, 2014, 2014, 32, 940, 904, 95, 904, 90, 9086, 868, 205, 2014, 201, 31, 201, 32, 2014, 2014, 95, 2014, 908, 68, 2086, 2086

B. The Defendant from May 2013 to April 2014, to the Plaintiff.