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(영문) 서울중앙지방법원 2016.09.22 2016가단44354

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff a building of 87.4 square meters on the first floor listed in the attached list, and the said building from July 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 9 as to the cause of the claim, the plaintiff (leased) and the defendant (Lessee) concluded a lease contract with the term of 30,000,000 won for the first floor of the building listed in the attached Table Nos. 17,000,320,000 won for monthly rent (the additional tax, 30,000 won for monthly rent), management expenses (additional tax, 158,000 won for additional tax, 158,000 won for 30,000,000 from November 17, 2014 to November 16, 2019 (hereinafter referred to as "the lease contract of this case"), and the lease contract of this case concluded between 0,000,000 won and 30,000,000 won for the last day of the lease contract of this case to 30,016,000 won.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff cannot comply with the Plaintiff’s request for extradition until the deposit amount of KRW 30,000,000 is returned from the Plaintiff. However, as seen earlier, the lease deposit was appropriated for the overdue rent until July 2016, and thus, the above assertion has no merit.

B. The Defendant concluded the instant lease agreement and commenced business in the instant building, and the interior cost and the collection of the interior cost.