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(영문) 인천지방법원 2019.11.13 2019가단209481

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) KRW 12,188,297 and 5% per annum from January 1, 2019 to April 5, 2019; and

Reasons

1. Facts of recognition;

A. On April 11, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) the lease deposit amount of KRW 40,00,000,00 for the portion of (A) Item C with the 1st floor of the building indicated in the attached Table No. 1,2,3,4, and 1,000 square meters (hereinafter “instant store”) among the 1st floor of the building listed in the attached Table No. 1, and the term of the contract is five years from the opening date of the business (hereinafter “the instant lease agreement”). The details of the instant lease agreement are as follows.

On the other hand, the Defendant entered into the instant lease agreement, and the Defendant was to pay the Plaintiff the management expenses as prescribed by the management rules and all management regulations, and the management expenses for the instant store established pursuant to the said provisions are KRW 1,367,960 per month (=exclusive area 31.09 square meters x KRW 44,00 per square year).

(hereinafter referred to as “A” means the Plaintiff and B) Article 7 (Monthly Rent)

2. In cases where the monthly rent is overdue after the lapse of the payment period, B shall pay the overdue charge as prescribed in Article 32.

Article 9 (Management Expenses and Taxes and Taxes)

1. The methods of calculating the management expenses and expenses and the details thereof shall be governed by the management rules and all the management regulations, and Eul shall not raise any objection thereto;

3. B shall be paid to A separate players management expenses (exclusive area x flat management expenses) for each family room on the delivery date x 2 months).

5. He/she shall take measures to cut off or cut off the user store together with the imposition of the late payment charge under Article 33 when he/she has failed to pay the management fee for at least two months;

7. B even if the object of the lease has not been used due to any cause attributable to the lessee during the term of this lease or after the termination of the lease contract, it shall pay the management expenses and additionally bear the damages equivalent to two times the management expenses and other expenses, etc. (Article 31(2)).

Provided, That it is not possible for B to use the leased object due to Party A's return.