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(영문) 서울중앙지방법원 2018.05.30 2017가단5149336

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. The remainder, excluding parking lots, out of 160.18 square meters of underground floors of buildings listed in the attached list.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff entered into a contract for the lease of the instant real estate owned by the Plaintiff to the Defendant at KRW 1.2 million per month (only KRW 1.2 million per year advance payment and value-added tax), management expenses per month (only KRW 10,000 per month), and the lease period from May 1, 2012 to April 30, 2014 (hereinafter “the instant lease contract”). On May 1, 2012, the Defendant paid the Plaintiff the instant real estate at KRW 14,40,00 per year (i.e., the monthly rent 1.2 million x 1.2 months) to the Plaintiff, and used the instant real estate by taking photographs in advance and using it as an occupancy and use for the instant real estate.

(As from May 1, 2013, it was changed by the monthly rent payment method. (B)

According to the instant lease contract, the Defendant shall pay 230,00 won (i.e., value-added tax of 120,000 won for monthly rent, monthly management expenses of 120,000 won, and value-added tax of 120,000 won (=230,000 won x 12 months) for 12 months and 276,00 won for 230,000 won (=230,000 won x 12 months) regarding the lease from May 1, 2013 to April 30, 2014 (i.e., monthly rent of 1.20,000 won to 1.20,000 won) (i.e., value-added tax of 1.200,000 won to 120,000 won) x 130,000 won for 14,000 won for 15,00 won for x 1314.2.24

C. The Plaintiff was paid KRW 4,3970,000,000 from May 4, 2012 to April 30, 2014 by means of remittance to the Plaintiff’s account; ② from March 5, 2015 to July 24, 2017, including KRW 2,7680,00,00 (= KRW 1,629,00,000) via remittance to the Plaintiff’s account; and ② from March 5, 2015 to July 24, 2017.