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(영문) 수원지방법원평택지원 2019.01.30 2018가합8325

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of the 499.28m2, the number of pages 1, 2, 3, 4, and 1 of the attached Form 2 shall be as shown in the attached Table 1.

Reasons

1. Basic facts

가. 원고는 별지1 기재 각 부동산의 소유자로서, 2015. 1. 26. 피고와 별지1 제2항 기재 건물 1층 499.28㎡ 중 별지2 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 166.98㎡(이하 ‘이 사건 임대차 목적물’이라 한다)에 관하여 임대차보증금 5,000만 원, 차임 월 470만 원[부가가치세 별도, 관리비 15만 6,000원(부가가치세 별도)은 월 차임과 함께 지급한다], 임대차 기간 2년으로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

B. The Defendant agreed to pay only KRW 10 million as the lease deposit, and did not pay the remainder of KRW 40 million as the remainder. The Plaintiff agreed to additionally pay KRW 400,000 per month as interest for the unpaid deposit until the payment of KRW 40,000 as the interest rate.

C. The defendant takes over the leased object of this case from the plaintiff, has registered its business as shown in the attached Form 3, and operates a restaurant at the same time.

As of December 31, 2017, the Defendant, as of December 31, 2017, 59,315,200 won (i.e., the unpaid portion of the rent for December 2016 to December 31, 2017: (ii) KRW 485,600 for management expenses of KRW 156,00 for value-added tax of KRW 150,000 for value-added tax of KRW 480,000 for the monthly rent of KRW 485,60 for value-added tax of KRW 150,000 x 12 months - from the Defendant’s payment of KRW 10,00,000 for April 11, 2017; and (iii) water rate of KRW 2,672,00 for the waterworks charges of KRW 2,672,00 for the waterworks charges of KRW 200 for the year 20,200 for the waterworks charges of KRW 2016,200.

E. On April 16, 2018, the Plaintiff’s duplicate of the instant complaint stating the termination of the instant lease agreement on the grounds of unpaid rents, etc. reaches the Defendant.

【Unsatisfied facts, Gap's statements and arguments in Gap's 1 through 4 (including branch numbers, if any)