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(영문) 서울중앙지방법원 2017.12.07 2017나24297

건물인도 등 청구의 소

Text

1. The main text of the judgment of the first instance is modified according to the purport of the claim amended by the trial court as follows.

2. The plaintiff, .

Reasons

1. Facts of recognition;

A. On February 24, 2016, the Plaintiff entered into a lease agreement with Defendant A, among the 1st floor of the building indicated in the attached Table 2, with the following: (a) the part of the ship connecting each point of (A) 1, 2, 3, 4, 5, 22, 23, 24, 15, 16, 17, 18, 19, 20, 21, and 21 in sequence; (b) the part of the ship connecting each point of (a) 105, 6, 7, 8, 22, and 6 of the same drawings (hereinafter referred to as the “instant store”); and (c) the part of the ship connecting each point of (a) and the items of (b) the same drawings 23,9, 10, 11, 12, 13, 24, and 23, the lease agreement with Defendant B is referred to as the “instant store” (hereinafter referred to as the “Defendant B”).

-Deposit: 30 million won - Monthly rent: 9,537,00 won for the store of this case, 300,000 won for the warehouse of this case (excluding each value-added tax), 25,000 won for each month - Payment from March 1, 2016 to December 31, 2016 - Management Expenses: 3,085,500 won for monthly (excluding value-added tax) - Electricity charges, water supply charges, sewerage charges (excluding exclusive use, common use, and value-added tax) shall be paid with monthly rent (individual heating and cooling) according to the method of the plaintiff's calculation.

B. Defendant A received the instant store, etc. in accordance with the instant lease agreement. On August 3, 2016, the Plaintiff sent to Defendant A a certification of the content that the instant lease agreement was terminated on the grounds that the said agreement was terminated for at least three years from April 2016 to July 2016. The said content certification reached the Defendant A following day.

C. Defendant A paid the total amount of KRW 153,953,800, including rents, management expenses, etc. from March 2016 to October 2016; however, Defendant A does not pay monthly rents, management expenses, electricity charges, etc. from November 28, 2016.

The Plaintiff, through the preparatory brief dated August 17, 2017, has been filed against Defendant A on and after November 2016.