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(영문) 서울중앙지방법원 2014.12.16 2014가합48625

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the real estate listed in the attached list, 127.50 square meters for three floors, four floors, 127.

Reasons

1. Determination on the main claim

A. In full view of the purport of Gap evidence No. 1, Gap evidence No. 6-1, 2, and Eul evidence No. 1 as to the cause of the claim, and the purport of the entire arguments and arguments as to the ground of claim No. 1, the plaintiff is entitled to the defendant on November 1, 2010, the third floor of 127.50 square meters and 127.50 square meters on the fourth floor of the real estate indicated in the attached list (hereinafter "the real estate of this case").

(2) The term of lease shall be determined as KRW 50 million per month (including value-added tax) from November 1, 2010 to March 31, 2012, from November 1, 2010 to October 31, 201, KRW 4.5 million per month (including value-added tax) and KRW 5 million per month from November 1, 201 to March 31, 201 (hereinafter “instant lease agreement”).

(2) It is evident in the record that the Plaintiff delivered the instant real estate to the Defendant on April 4, 2014, and the Defendant paid to the Plaintiff the amount of KRW 5 million each on March 31, 2013 under the instant lease agreement, but upon appropriating the amount of KRW 15 million each on March 31, 2013, the Defendant did not pay the amount of KRW 15 million each from January 2013 to the present. The fact that the Plaintiff received the Defendant on April 4, 2014, stating that the said lease was terminated on the ground that the lease was terminated on the following grounds that the lease was terminated on April 4, 2014 (the Plaintiff’s notice of KRW 20,000,000 each of the instant lease was terminated on or before the expiration of the lease agreement, and the Plaintiff’s notice of KRW 20,000,000,000 each of the instant lease agreement was delivered to the Defendant on April 4, 2014, respectively.