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(영문) 서울서부지방법원 2019.06.20 2018가단232099

건물명도(인도)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from April 29, 2019 to KRW 5,350,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On September 2016, the Defendant agreed from the Plaintiffs that the building specified in the main text of paragraph (1) of the lease agreement (hereinafter “instant building”) KRW 20 million, monthly rent of KRW 1.5 million, monthly rent of KRW 28 million, monthly rent of KRW 1.5 million, and the lease period from September 29, 2016 to September 28, 2018 set the lease agreement as KRW 24 months, and the special terms and conditions of the lease agreement set forth in the lease agreement as “Additional dues, taxes and public charges (electric, gas, water supply, septic tanks, and environmental improvement charges) shall be borne by the lessee from the remainder date.”

Evidence A No. 2-

1. The first Defendant leased a building as a joint lessee with D (the co-defendant of this case was withdrawn) but changed from the lessee to the lessee’s sole name except for the lessee on May 2017.

(B) The Defendant has paid KRW 650,000 as management expenses each month after the instant lease contract. The Defendant had paid KRW 1650,000 as management expenses each month. The Defendant had continuously paid KRW 1650,000 ( KRW 1.5,500,000 as a monthly rent) while operating the building of this case by leasing and operating the building of this case. However, the Defendant did not pay KRW 1650,00 as a monthly rent that should be paid on April 28, 2019. On the other hand, the Defendant continued to pay the management expenses from September 2016 to August 2017 after the contract, while the Defendant continued to pay KRW 650,00 as management expenses from September 201 to August 2017.

A. Although management expenses are not indicated in the instant lease agreement as to the termination of the lease agreement on the grounds of the Defendant’s nonperformance of management expenses, the Defendant continued to pay KRW 650,000 from September 2016 to August 2017, according to the agreement between the parties.