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(영문) 춘천지방법원원주지원 2015.05.14 2014가단33436

건물명도

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and on May 1, 201 to the date of completion of the above delivery.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a building listed in the attached sheet (hereinafter “instant building”).

(2) On March 13, 2010, the Plaintiff respectively set the lease deposit amount of KRW 200,000,000, monthly rent of KRW 5,500,000 (excluding value-added tax) to the Defendant, from April 30, 2010 to April 30, 2014, respectively, and leased the instant building as KRW 300,000,000, respectively.

(3) On January 28, 2014, the Plaintiff notified the Defendant of his intent not to renew the term of the lease upon the expiration of the term of the lease by content-certified mail, and around that time, the said notification reached the Defendant. (4) The Defendant unpaid KRW 8,100,000 in total of the management expenses from June 201, and from March 201 to April 201, 201.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5

B. According to the facts of the above recognition, the instant lease contract is deemed to have expired, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay KRW 5,800,000 per annum from May 1, 2014 to the date of completion of delivery of the instant building from May 1, 2014 to the date of completion of delivery of the instant building. As sought by the Plaintiff, the unpaid management expenses amounting to KRW 8,100,000 and damages for delay calculated at the rate of 20% per annum from July 8, 2014 to the date of delivery of a copy of the instant complaint to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant, at the time of the instant lease agreement, agreed to extend the lease agreement with the Defendant except for the case where the Plaintiff directly uses the instant building, and at the time of termination of the instant lease agreement as stipulated in paragraph 3 of the instant lease agreement.