건물명도
1. The defendant shall be the plaintiff.
(a) Of the real estate listed in the separate sheet, the Attached Map 1, 2, 3, 4 and 1.
1. Facts of recognition;
A. On September 1, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the monthly rent of KRW 600,00 (excluding value-added tax), monthly management expenses (excluding value-added tax), monthly management expenses of KRW 638,00 (excluding value-added tax), and from September 1, 2013 to October 31, 2013, with respect to the portion of the building in the attached list 1,20,33,44, and 126.51 square meters (hereinafter “the instant building”). On that day, the Plaintiff delivered the instant building portion to the Defendant.
B. In the instant lease agreement, the Plaintiff and the Defendant agreed to pay the amount equivalent to twice the monthly rent per day by the number of days, if the Defendant does not restore the building portion of the instant building to its original state and deliver it to the Plaintiff upon the termination of the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated on October 31, 2013, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and to pay the amount calculated by applying the rate of KRW 1,901,800, which includes the monthly penalty of KRW 1,200,000 (=the management expenses including the value added tax of KRW 1,200,000,000), from November 1, 2013 to the completion date of delivery of the instant building portion.
3. Judgment on the defendant's assertion
A. The defendant's assertion that even before the conclusion of the instant lease agreement, the plaintiff paid rent and management expenses for the building portion of this case, and that the plaintiff cannot respond to the plaintiff's claim because he did not issue the tax invoice on the value-added tax borne by the defendant.
B. The value-added tax is levied on rent and management expenses under the instant lease agreement.