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(영문) 서울중앙지방법원 2018.03.22 2017가단5178853

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. At the same time, 50,000 won is paid from the Plaintiff, the 1st floor of the building indicated in the attached Table.

Reasons

1. Facts of recognition;

가. 피고는 2011. 7. 13. 원고로부터 별지 목록 기재 건물 1층 중 별지 도면 표시 ㉮, ㉯, ㉰, ㉱, ㉲, ㉳, ㉴, ㉵, ㉶, ㉷, ㉮의 각 점을 순차 연결한 선내 부분 129.91㎡(이하 ‘이 사건 임차목적물’이라 한다)를 임차보증금 5,000만 원, 차임 월 2,000만 원, 관리비 월 30만 원, 임차기간 2011. 8. 27.부터 2016. 8. 26.까지 60개월로 정하여 임차하고 위 임차목적물을 인도받아 편의점을 운영하였다.

B. After that, around August 2013, the Plaintiff and the Defendant entered into a modified contract with respect to the above lease agreement from August 26, 2013 to August 25, 2015, where both parties express their intention as to the existence of the contract two months prior to the expiration of the lease term, the lease term shall be extended by one year, and the rent shall be extended by 21 million won per month, and the management fee shall be increased by 409,50 won per month.

C. Although the foregoing revised lease agreement has expired on August 25, 2015, the lease term was extended to one year pursuant to the above automatic extension provision, and the above lease term was extended to one year by August 25, 2017 after consultation between the original and the Defendant.

As of the date of closing argument in the instant case, the Defendant paid monthly rent and management expenses until February 28, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the facts of the judgment on the ground of the Plaintiff’s claim, the above lease agreement was terminated on August 25, 2017, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount calculated at the rate of KRW 50 million (409,500,000,000) from March 1, 2018 to the completion of delivery of the leased object, as the Plaintiff seeks.