beta
(영문) 의정부지방법원고양지원 2015.03.19 2014가단68405

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. KRW 696,619 and as regards this, February 27, 2015

Reasons

1. Facts of recognition;

A. On January 9, 2014, the Plaintiff and the Defendant entered into a lease agreement stating that “The lease deposit amount of KRW 7 million, monthly rent of KRW 400,00 (payment on January 30, 201), management expenses may be borne by the Defendant, from January 30, 2014 to January 29, 2015, and from January 30, 2015, if the Defendant is in arrears for more than three months, the Plaintiff may terminate the lease agreement without any peremptory notice.” The Defendant occupied the instant real estate on or around January 30, 2014 and used it until now.

B. From May 2014, the Defendant began to delay the rent and management expenses of the Plaintiff.

C. On October 31, 2014, the Plaintiff terminated the lease contract on the grounds of delinquency in rent, and sent a content-certified mail demanding the delivery of the instant real estate to the Defendant at that time, which reaches the Defendant.

After filing the instant lawsuit, the Defendant paid KRW 2,400,000 to the Plaintiff as the overdue rent.

E. The rent that the Defendant did not pay by January 31, 2015 is KRW 1,200,000 (i.e., KRW 400,000 x 9 months - 2,400,000). The unpaid amount of management expenses is KRW 6,496,619.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7, Eul evidence No. 1, and the purport of the whole pleadings

2. According to the above facts, since the lease contract on the instant real estate was lawfully terminated, the Defendant delivered the instant real estate to the Plaintiff; ② KRW 696,619 [the sum of the rent and management expenses unpaid from May 1, 2014 to January 31, 2015 ( KRW 7,696,619 in total) - Lease deposit 7,000,000,000 in the amount of KRW 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 27, 2015 to the date of full payment]; and the amount calculated from February 28, 2015 to the date of full payment. < Amended by Act No. 13190, Feb. 28, 2015>