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(영문) 서울남부지방법원 2016.04.27 2015가단230628

건물명도

Text

The defendant delivers 179.49 square meters to the plaintiff among the affiliated buildings of the real estate listed in the attached list, and 868,000 won and 868,000 won.

Reasons

Facts of recognition

On April 27, 2015, the Plaintiff leased 179.49 square meters of land floor (hereinafter “instant building”) among the appurtenant buildings to real estate listed in the attached list to the Defendant, and the main contents are as follows:

(hereinafter referred to as “the lease of this case”). Value-added tax is imposed on each of the terms of the lease deposit KRW 5,000,000 (one thousand won, the remainder of KRW 4,000,000,000, which was paid on the date of the contract, and paid until May 31, 2015) monthly rent of KRW 500,000,000 from May 1, 2015 to December.

Provided, That even if the contract is terminated, the lessor shall grant the commercial building at any time, if necessary.

B. On July 31, 2015, the Defendant paid KRW 500,000 to the Plaintiff the remainder of the lease deposit and KRW 4,000,000 to the Plaintiff.

From May 1, 2015, the Defendant occupied the instant building from around May 1, 201 to the present date, and the monthly management expenses of the instant building are equivalent to KRW 42,00.

On October 13, 2015, the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract of this case on the grounds of the remainder of the lease deposit and not less than three rent payments, reached the Defendant.

[Based on the facts without dispute, Gap evidence Nos. 1 through 3, the records clearly, and the purport of the whole pleadings, the lease agreement of this case was lawfully terminated by the plaintiff's notice of termination. Thus, the defendant is obligated to deliver the building of this case to the plaintiff, and pay the money calculated by the ratio of KRW 592,00 per month from September 1, 2015 to September 1, 2015, which is the day following the base date for calculation, from September 1, 2015 to the completion date of delivery of the building of this case (the rent and value-added tax of KRW 550,000,000).

From May 2015 to August 2015, the sum of rent and value-added tax (550,000 won x 4 months) and management expenses (42,368,000 won x 4 months) and 2,368,000 won of lease deposit paid by the Defendant and the calculation of KRW 500,000 of the rent and value-added tax (Deduction): A.

B. The plaintiff asserts that =868,000 won is the defendant's argument.