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(영문) 수원지방법원안산지원 2017.09.07 2017가합5140

건물명도(인도)

Text

1. The Defendant shall deliver each real estate listed in the separate sheet from April 18, 2017 to the Plaintiff from KRW 77,944,214.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each of the instant buildings”).

Attached Form

On May 19, 2008 and April 22, 2008 with respect to 2, 3, 4, and 5 real estate listed in the separate sheet with respect to 1 real estate listed in the separate sheet, each registration of ownership transfer is completed on March 25, 2008 with respect to 6 real estate listed in the separate sheet.

B. On March 2, 2016, the Plaintiff separately determined and leased each of the instant buildings to the Defendant with the lease deposit of KRW 170,00,000,000, monthly rent of KRW 12,650,000 (payment on March 17), the lease term of KRW 12,650,000 (payment on March 17), and 120 months from March 18, 2016 to March 17, 2026, and management expenses and surcharges, respectively.

(hereinafter “instant lease agreement”). The instant lease agreement was concluded by dividing into three contracts.

According to Gap evidence No. 1-1, the lease term is from March 23, 2016 to March 22, 2026, and according to Gap evidence No. 1-3, the lease contract on part of the 6 real estate stated in the separate sheet was concluded as of March 23, 2016.

However, since the plaintiff's assertion that it is a single lease contract, the defendant does not clearly dispute it, it shall be arranged as the fact that there is no dispute between the parties.

C. Since March 18, 2016, the Defendant received delivery of each of the instant buildings from around March 18, 2016, and thereafter, operated C Council members and D oriental medical hospitals in each of the instant buildings.

The Defendant did not pay monthly rent and management expenses under the instant lease agreement as follows.

1) On May 2016, management expenses for the portion of April 2016, KRW 1,676,40, and KRW 2,826,400, and KRW 2,826,400, in aggregate of KRW 1,150,00, and KRW 2,826,40, and KRW 400) for the portion of July 2016, 2016, KRW 9,350,00 for the portion of August 9, 2016, KRW 350,00 for the management expenses, KRW 3,323,353, and KRW 12,673,353, and KRW 6,00 for the aggregate of KRW 12,67,353, and KRW 6) for the portion of September 12, 2016.