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(영문) 의정부지방법원고양지원 2015.12.03 2015가단77062

건물명도

Text

1. The Plaintiff:

A. The Defendants deliver the real estate stated in the separate sheet;

B. Defendant B Co., Ltd. is 4,736,680 won and 4,736.

Reasons

Facts of recognition

On March 6, 2013, the Plaintiff entered into the instant lease agreement between Defendant B Co., Ltd. (hereinafter “Defendant B”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), with KRW 10,000,000, and the monthly rent is KRW 650,000 (additional tax) on March 18, 2013, and the lease period is from March 18, 2013 to March 17, 2014; and the public charges (management fees, fees) are imposed on Defendant B, the lessee. As Defendant B failed to pay the remainder of KRW 5,00,000 among the rental deposit, the Plaintiff changed the lease deposit to KRW 70,000,000, including the additional tax, KRW 5,000,000 and KRW 770,000,000, including the monthly rent.

Defendant B, without consultation with the Plaintiff, occupies the instant real estate jointly with the Defendant C Co., Ltd. (hereinafter “Defendant C”).

In addition, when Defendant B paid only KRW 6,580,00 among the rent of KRW 9,240,000 from March 2014 to February 2015, the Plaintiff delayed payment of KRW 2,660,000, and on February 24, 2015, the Plaintiff sent to the Defendant a certificate of intent not to renew the contract after the expiration of the period, and the said certificate of content reached Defendant B around that time.

Meanwhile, Defendant B did not pay the aggregate of the management expenses from August 2014 to February 2, 2015 and KRW 2,601,060 from March 2, 2015 to October 2015.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 8, and the purport of the entire argument as to defendant B’s claim, the lease contract of this case was lawfully terminated due to the plaintiff’s declaration of termination on March 17, 2015, and thus, the defendant B is obligated to deliver the real estate of this case to the plaintiff.

In addition, Defendant B’s delayed payment of KRW 9,240,00 from March 18, 2014 to March 17, 2015, which was the period of the instant lease agreement, to the Plaintiff, and KRW 4,736,680, which was the sum of KRW 2,076,680, and management expenses.