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(영문) 서울중앙지방법원 2019.06.12 2018가단48367

건물명도 등 청구의 소

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Attached Form No. 15, 16, 17, 18, 19, 20, and 15 shall apply.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to lease the “Cho Lake 15 (including the shared area)” among the five-story neighborhood living facilities listed in the attached Table (hereinafter “instant building”) owned by the Plaintiff on the following terms.

The lease was implicitly renewed on March 2015.

1) Lease deposit: 5,00 won per month for rent of 680,000 won per month, basic management expenses of 135,000 won (excluding electricity and water rates), additional taxes, and monthly payment b.), the defendant cannot be liable to pay all the charges, such as rent and management expenses. If he/she violates this, the plaintiff may additionally collect 2% overdue charge per month for the delinquent amount of the defendant.

3. Term of lease: From March 10, 2014 to March 9, 2015

B. The office of this case’s building C (hereinafter “instant office”) is located in the part (A) of the attached drawing indicating 15, 16, 17, 18, 19, 20, and 15 among the five floors of the instant building. The area of the office of this case is approximately 31.8053 square meters, and the office of this case is attached to the office of this case with approximately 2,3,16, 15, and 2 of the attached drawing indicating 2, 3, 16, 15, and 2 of the attached drawing. Thus, the office of this case’s office of this case’s air conditioners is installed outside the air conditioner of the instant office.

C. On April 1, 2016, the Defendant changed the rent of the said lease to KRW 748,00 per month between the Plaintiff and the Plaintiff; the term of the lease from April 1, 2016 to March 31, 2017; the remainder of the terms and conditions entered into the same lease contract; and the said lease was implicitly renewed on March 2017.

The Defendant asserted that the instant lease contract was concluded at the beginning of May 2018, unlike the written contract, on April 1, 2018 or on May of the same year.

Between the Plaintiff and the Plaintiff, the rent of the said lease is KRW 807,00 per month, and the term of lease is changed from April 1, 2018 to March 31, 2019, respectively, and the remaining conditions are the same.