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(영문) 의정부지방법원 2017.04.13 2016가단110642

건물명도

Text

1. The Plaintiff:

A. The Defendants: (a) the first floor of the building listed in the list of real estate in the separate sheet attached to each of the Defendants, 1,2.

Reasons

1. Facts of recognition;

A. On November 14, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting a deposit of KRW 70,00,00,50 for the portion (a) part (b) of 126 square meters in sequence connected with each point of No. 1, 2, 3, 4, and 1 among the first floor of the building listed in the separate sheet of real estate (hereinafter “instant building”) from among the first floor of the building indicated in the separate sheet of real estate (hereinafter “instant building”) as between the Plaintiff and Defendant B, and by setting the lease agreement between December 1, 2014 and November 31, 2017 (hereinafter “instant lease agreement”). The lease agreement was concluded between the lessee and the lessee, who did not request the lessor to restore the building to its original state within 0 months after the expiration or termination of the lease agreement, and the lessee shall request the lessor to restore the building to its original state and the construction cost to its original state.

B. (1) From December 2015 to December 2015, Defendant B delayed the termination of the instant lease agreement, and around that time subleted the instant building to Defendant C without the Plaintiff’s consent. At present, Defendant C, D, and E currently occupied the instant building. (2) The Plaintiff declared that the instant lease agreement will be terminated on the ground that the instant rent arrears and sub-lease of the leased object were sub-leaseed without permission. The duplicate of the instant complaint stating the said declaration of intention was served on Defendant B on August 5, 2016.

C. Costs of restoring the instant building to its original state are KRW 53,672,518 for construction costs incurred in restoring the instant building to its original state at the time of the conclusion of the instant lease agreement.

The management expenses of the building of this case, such as management expenses, electricity charges for public use, water supply and drainage, cleaning expenses, etc. of the building of this case, shall be KRW 160,000 per month, and it shall be KRW 160,00