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(영문) 인천지방법원 2017.09.22 2017가합51340

건물명도(인도)

Text

1. Defendant A:

A. To deliver real estate listed in the separate sheet, KRW 1,681,921,07, as well as the corresponding amount:

Reasons

1. Determination as to the claim against Defendant A

A. Facts of recognition 1) The Plaintiff’s real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) Defendant A applied for permission to use the instant real estate for the purpose of Lestop, waular, and beauty room. The Plaintiff, from March 31, 2013 to March 30, 2018, determined that Defendant A used the instant real estate as the annual fee of KRW 411,730,00 (including value-added tax), monthly management fee of KRW 14,473,80 (including value-added tax), monthly management fee of KRW 14,473,80 (excluding expenses for actual expenses, such as water supply, electricity, gas, etc.) and granted permission to use the instant real estate for consideration.

Where the permission for use is revoked at the time of permission for use, Defendant A shall restore the instant real estate to its original state and return it at the expense of Defendant A (Article 26 of the Conditions of Permission). In the event that such obligation is not fulfilled, an indemnity equivalent to 120/100 of the usage fee shall be imposed.

(Article 27 of the Conditions for Permission) The conditions have been attached.

3) From January 2014, Defendant A began to pay the usage fees, management fees, etc. of the instant real estate, and the Plaintiff urged to pay the unpaid usage fees, etc. on several occasions, but failed to pay the unpaid usage fees, etc., Defendant A revoked the permission for use of the instant real estate on June 24, 2016. The Plaintiff used the instant real estate in 25,618,890 won, electricity, gas, etc. from July 5, 2016 to March 31, 2017.

【Ground for recognition】 Each entry in the evidence Nos. 1 through 25, and the purport of the whole pleadings

B. As seen earlier, inasmuch as the permission for use of the instant real estate was revoked on June 24, 2016, the Defendant’s instant real estate was revoked.