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(영문) 서울중앙지방법원 2016.08.24 2016가단5062784

건물명도

Text

1. The defendant against the plaintiffs

(a) deliver five floors among the buildings listed in the annex list;

(b) 28,160,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On December 22, 2015, between the Defendant and the Defendant, the Plaintiffs entered into a lease agreement with the terms of five floors among the buildings listed in the separate list owned by the Plaintiffs (hereinafter “instant building”) that set the lease deposit amount of KRW 50,000,00, monthly rent of KRW 480,000 (payment of value-added tax separately, the last day of each month), monthly management fee of KRW 1,60,000 (payment of value-added tax separately, the last day of each month), and the lease term of KRW 1,60,000 (payment of value-added tax separately, and the last day of each month) from December 22, 2015 to October 18, 2017 (hereinafter “instant lease agreement”).

B. However, the Defendant did not pay at all the rent and management expenses stipulated in the instant lease agreement, and the Plaintiffs notified that the instant lease agreement is terminated on the grounds that the payment of rent and management expenses for at least two years was overdue on March 3, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated.

Therefore, the defendant shall deliver five floors among the instant building, which is the object of lease, to the plaintiffs, and pay 28,160,000 won for rent and management expenses including value-added tax for the period of four months from December 22, 2015 to April 21, 2016 (1,60,000 won) x 1.1. As for the above rent and management expenses after the payment deadline for the above rent and management expenses, the defendant shall pay to the plaintiffs at the rate of 15% per annum from July 29, 2016 to the day of complete payment from July 29, 2016 to the day of full payment, and refund 100,000 won or more from April 22, 2016 to the date of delivery to the defendant x 15% per annum from July 20, 200, x 1004, 0000 won [the amount of delayed payment x 5th of the instant building].

3. In conclusion, the plaintiffs' claims are reasonable, and this decision is delivered with the assent of all participating Justices.