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(영문) 광주지방법원 2015.06.16 2014가단36868

건물명도 등

Text

1. The defendant is 14,366,060 won from the plaintiff to May 20, 2010, the second floor of the brick C ground brick slive roof in Gwangju Northern-gu, Gwangju, 2010.

Reasons

1. Facts of recognition;

A. On April 19, 2008, the Plaintiff leased the instant building owned by the Defendant with the lease deposit of KRW 15 million, the lease period from April 19, 2008 to April 19, 2009 (hereinafter “instant lease contract”), and the Plaintiff transferred the said building to the Defendant on the day.

B. On April 19, 2010, the Plaintiff agreed to renew the above lease agreement with the Defendant and agreed to receive KRW 50,000 as monthly rent. On May 20, 2010, the Plaintiff received KRW 50,000 from the Defendant for monthly rent.

C. On March 2, 2012, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the overdue charge of the rent. D.

Of the water charges imposed on the instant building from January 2010 to February 2015, the portion to be borne by tenants is KRW 707,215 (i.e., the aggregate of KRW 563,135 won from January 1, 2010 to September 2013; KRW 14,080 in total; and the Defendant paid KRW 11,470 on March 29, 2010; KRW 230 on July 12, 2010; KRW 30; KRW 580 on August 34, 2010; KRW 720 on August 5, 2010; KRW 14,08; KRW 5,000 on June 31, 2015; and KRW 14,005; KRW 5,000 on May 26, 2010; and KRW 18,720 on September 6, 2010;

[The amount from March 2010 to August 2010; from November 201, 201 to December 12, 2010, the Defendant recognized an amount (the actual deposit amount of the Plaintiff) calculated by subtracting 600 won from the Defendant’s deposit amount (the Plaintiff’s deposit amount), and the Plaintiff appears to have not disputed otherwise, from September 201 to February 10, 201).

The defendant is occupying and using the building of this case until now.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, 7 through 9 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. A determination as to a request for the delivery of a building.