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(영문) 수원지방법원 2017.02.07 2016가단12744

건물명도

Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

(b) KRW 39,593,814 and this shall be applicable thereto. < Amended by Act No. 1416, Apr. 1, 2016>

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land for factory B with the wife population B,760 square meters (hereinafter “instant land”) and the building indicated in the attached Table on the ground (hereinafter “instant building”).

B. From November 11, 2014 to November 10, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20,000,000, and KRW 2,000,000 (excluding value-added tax) for the lease period from November 11, 2014 to November 10, 2016, and the Defendant leased 480 square meters of the instant building from the Plaintiff.

In addition, the defendant paid 88,000 won to the plaintiff monthly electrical safety management expenses.

C. On July 10, 2015, the lease term of the above lease term, the Defendant decided to lease the entire building of this case from the Plaintiff, and concluded a lease contract again by increasing the lease deposit amount to KRW 40,000,000 between the Plaintiff and the Defendant, and KRW 3,50,000 per month of rent (value-added tax separately).

The Defendant does not pay KRW 20,000,000 to the Plaintiff additionally under a newly concluded lease agreement. As of March 10, 2016, the sum of unpaid rents and electric safety management fees, etc. that the Defendant did not pay to the Plaintiff is KRW 39,593,814.

E. On August 31, 2015 and October 30, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to pay unpaid rents, etc., and notified the Defendant that if the Defendant would not pay unpaid rents, etc., the Plaintiff would terminate the lease contract for the instant building with the Defendant and file a lawsuit for the restoration of the name of the building and the restoration of the original state.

F. Meanwhile, the Defendant, on the instant land, installs a container on the ground level (A) connected in sequence with each point of Annex 1, 2, 3, 4 and 1 on the instant land, without permission, and occupies the said part (A).

[Ground of recognition] Fact-finding without dispute, Gap evidence 1-2, Gap evidence 2-4, Gap evidence 6, Gap evidence 7-1 and 7-2, Gap evidence 5 video and pleadings.