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(영문) 의정부지방법원고양지원 2017.07.06 2016가단71764

건물명도

Text

1. Defendant B’s KRW 36,125,00 for the Plaintiff and KRW 5% per annum from December 9, 2016 to July 6, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and D are co-owners of 1/2 shares of the second floor of the E-building 203 (hereinafter “instant store”).

B. On January 6, 2014, the Plaintiff and D entered into a lease agreement with Defendant B with each of the terms of KRW 50,000,000 for the instant store, monthly rent of KRW 3,000,000 for the instant store (excluding value-added tax), and the lease period from January 7, 2014 to January 6, 2016. However, the lease deposit concluded a verbal agreement with each of the terms of KRW 3,50,00 for the monthly rent until the payment is made through the loan.

(hereinafter “instant lease agreement”). C.

Defendant B failed to pay the lease deposit during the lease term, and the total amount of the rent that the said Defendant paid to the Plaintiff and A is KRW 23,200,000, and the total amount of the unpaid management fee is KRW 11,450,000.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1, the purport of the whole pleadings

2. Claim against the defendant B

A. Under the above facts, the lease contract of this case was terminated upon the expiration of the lease term. As such, Defendant B is entitled to claim KRW 60,800,000 (=3,500,000 x 24 months) of the sum of unpaid rents during the lease term to one of the lessors (=3,500,000 x 23,200), plus KRW 11,450,000 (=60,800,23,200,000) of the aggregate of overdue rent for the lease term plus KRW 11,450,000 (=60,80,200,000 23,20,000,000 per annum from the following day to the 36,125,000 (=72,250,000 x 1/2) of the Plaintiff’s co-ownership interest, and its claim is modified from the 16th day to the 16th day of the 216th day following the Plaintiff’s claim.