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(영문) 의정부지방법원 2016.12.02 2015가단38200

건물명도 등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 14,55,44 to the Defendant (Counterclaim Plaintiff) for KRW 14,55,44 and its related amount from November 1, 2015 to December 2, 2016

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 27, 2013, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “instant building”) to the Defendant, with a deposit of KRW 25,00,000,000, KRW 1,793,000 per month of rent (including value-added tax), the last day of each month from September 2, 2013 to September 30, 2016, respectively.

(2) Of the instant lease agreement, matters relating to the instant lease agreement are as follows.

Article 4 (Monthly Rent) (1) When the defendant does not deposit the monthly rent and all expenses to be paid to the plaintiff within the payment period, the overdue interest of 2% per month shall be paid additionally.

② When the rent is overdue on more than two occasions, the Plaintiff may dispose of at will, regardless of the term of the contract, and the Defendant shall lose the benefit of the term, and the lease contract shall be terminated immediately upon the notification of the Plaintiff.

All the expenses related thereto are borne by the defendant and are not raised.

(3) In the case of paragraph (1) and (2), the plaintiff may arbitrarily deduct the monthly rent, management fee, public charges, etc. from the defendant's rental deposit.

Article 6 (Occupancy and Art. 6) (1) The occupancy date shall be the beginning date of the defendant's interior.

(3) The interior works may be executed after full payment of a rental deposit.

(4) A building shall be transferred to a completed state, and all partitions shall be constructed in light partitions when interior works are completed.

Article 7 (Nameing and Reinstatement) (2) When the defendant orders the plaintiff to restore the goods, he/she shall restore the goods to the original state, and the defendant shall pay all of the expenses.

(4) The acquisition of a facility shall also be obliged to restore it to its original state, and the defendant shall restore it to its original state.

B. The Defendant did not pay to the Plaintiff the rent from June 2015 to September 2015 while he/she occupied and used the instant building in accordance with the instant lease agreement, and the Plaintiff did not pay the rent to the Defendant on October 21, 2015.