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(영문) 수원지방법원 여주지원 2018.05.31 2018가단50210

건물명도(인도)

Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

(b) from March 20, 2018 to the annexed list.

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Defendant entered into a lease agreement with the Plaintiffs to lease the buildings listed in the separate sheet (hereinafter “instant building”) with each of the respective shares of 1/2, with respect to each of the following buildings (hereinafter “instant building”), KRW 60 million, monthly rent of KRW 6.7 million (payment on the 20th day of each month, separate assessment of value-added tax), and the term of lease from November 20, 2015 to March 31, 2018 (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement with the following: “The lessee does not require the lessor to complete the key money for facilities, and the lessor shall actively cooperate when the lessee transfers the key money to a third party during the contract period.”

C. The Plaintiff and the Defendant agreed that monthly rent shall be KRW 2,233,33 (including value-added tax, KRW 2,456,666) on November 201, and KRW 6,200,000 (including value-added tax) on KRW 500,000 for November 2016.

However, the defendant has not paid only KRW 192,096,66 (the amount included in value-added tax), which is the aggregate of monthly rent generated from November 20, 2015 to March 19, 2018 (the amount included in value-added tax) [==2,456,66 won from November 20, 2015 to December 19, 2015] 73,700,000 won from December 20, 2015 to October 19, 2016 [10 +6,70,000 won x 1.1.1 (value-added tax] from October 20, 2016 to March 19, 2018 x 10,000,000 won x 63,706,000 won x 16,016] x 106,070 won x 16,209

E. Accordingly, the Plaintiff deducted the Defendant from the lease deposit the remainder amounting to 62,306,666 won due to the service of the copy of the instant complaint and the written application for change of the cause of the claim on April 24, 2018, and expressed his/her intent to terminate the instant lease agreement on the ground of the delinquency in rent for at least three years.

[Evidence Evidence: Evidence Nos. 2 and 3, Evidence No. 1, Evidence No. 1, Part of Evidence No. 1, and the purport of the whole pleadings].