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(영문) 서울북부지방법원 2015.08.21 2014가단45635

건물명도등

Text

1. The defendant shall be the plaintiff.

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

B. From June 11, 2015, 5,812,489 Won and the above.

Reasons

1. Facts of recognition;

A. On October 11, 2010, the Plaintiff leased the instant building to the Defendant as KRW 10,00,000 for lease deposit, KRW 550,00 for each month of rent (including value-added tax), and KRW 246,40 for management expenses (including value-added tax, KRW 14,00 for each ordinary day, KRW 14,00 for each ordinary day, and KRW 13,000 for each ordinary day after July 2013), and the period from October 11, 201 to October 10 for the lease. < Amended by Presidential Decree No. 2328, Oct. 10, 2011>

(hereinafter “instant lease agreement”). B.

Article 8 (2) of the instant lease agreement provides that "the defendant shall pay the rent and management expenses for the relevant month to the defendant by the 10th of the following month," and stipulates that the rent shall be deposited into the plaintiff's account, and the management expenses shall be deposited into the D's account that manages the condominium building, including the instant building, in the end of the contract of this case.

Meanwhile, Article 16(2)4 of the instant lease agreement provides that the Plaintiff may terminate the lease agreement in cases where the Defendant has failed to pay the rent and management fee for not less than 2 months without prior understanding.

C. The instant lease agreement was explicitly renewed after, and the Defendant has occupied and used the instant building until now.

The Defendant did not pay rent from February 11, 2014 to February 10, 2015, and paid rent of KRW 7,700,000 for the monthly rent of March 14, 2015, and paid KRW 1,100,000 for the monthly rent of KRW 2 months on May 15, 2015, and paid the rent of KRW 1,100,000 until June 10, 2015.

Meanwhile, the Defendant paid KRW 2,00,000 as management expenses and public charges on March 9, 2015, when the Defendant did not pay management expenses and public charges from March 2013. The management expenses and public charges that the Defendant failed to pay until April 2015 are KRW 5,812,489.

E. On March 18, 2014, the Plaintiff notified the Defendant that the instant lease contract will be terminated due to the unpaid rent and management fee.

[Reasons for Recognition] Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the request for extradition

A. According to the above facts of recognition, the defendant.