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(영문) 서울북부지방법원 2017.05.17 2016가단32848

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Attached drawings among underground rooms of real estate stated in the attached list shall be indicated in (1), (2), (3), (4), and (5);

Reasons

Facts of recognition

On June 17, 2009, the Plaintiff entered into a lease agreement with the Defendant by setting the lease agreement between the Defendant and the deposit amount of KRW 3,885,087, monthly rent of KRW 469,60 (including value-added tax) and May 1, 2015 to April 30, 2016, after renting the leased area of KRW 153.78 square meters in the underground room of the real estate listed in the attached list (hereinafter “real estate”).

At the time of the conclusion of the above lease contract, the Defendant paid the Plaintiff the monthly rent as the end of the month, and paid the consolidated public charges (such as electricity charges, water supply and sewerage charges, environmental improvement charges, etc.) as the late payment on the fifth day of each month, and if the monthly rent and integrated public charges are delayed, the Defendant agreed to pay the increased additional charges by 5% per annum and 1.2% per month after the end of

On February 23, 2016, the Plaintiff notified the Defendant that the instant real estate was transferred to the Defendant by April 30, 2016, the expiration date of the contract period.

Accordingly, on March 30, 2016, the Defendant prepared and issued a letter of performance to the Plaintiff to deliver the instant real estate by July 31, 2016 when requesting the Plaintiff to temporarily use the instant real estate for three months after the lease term expires.

The Defendant did not deliver the instant real estate even after the lapse of July 31, 2016, and the Plaintiff urged the Defendant to deliver the instant real estate on or around August 24, 2016.

However, the defendant occupies the real estate of this case until now.

From May 1, 2016 to September 5, 2016, the Defendant delayed the payment of KRW 2,108,890 in total, including monthly rent 1,956,890, and consolidated public charges 152,00,00, which is the day following the expiration date of the lease term. Accordingly, the Defendant incurred KRW 137,70 in total, including additional charges by 5% per annum and increased additional charges by 1.2% per annum.

【Unfounded-founded-based dispute, Gap evidence Nos. 1 through 6, and the purport of the whole pleadings, based on the above-mentioned facts, the lease contract for the real estate of this case is term of lease.