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(영문) 서울중앙지방법원 2014.07.25 2014가단7849

건물명도

Text

1. The defendant shall deliver to the plaintiff the plaintiff Nos. 2161 of the Seoul Jung-gu Seoul Central District Office C building No. 2161.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

According to the purport of Gap evidence Nos. 1 through 4 (including the number of branch numbers) and the whole pleadings, the plaintiff, on November 29, 2010, purchased a promissory note No. 1 (hereinafter "the building of this case") from the Seoul Western District Court Order No. 2017974 and collected the bonds, monthly rent No. 2220,000 won, monthly rent No. 22220,000, lease period, lease period from December 1, 2010 to November 30, 201. The plaintiff and the defendant, around March 7, 2013, prepared a authentic deed of promissory note No. 9 million, which were not paid by the defendant to the plaintiff until February 2013, based on which the plaintiff received a lease contract and collection order, and notified the defendant of the collection of the present rent No. 4976,689, and the defendant transferred only the termination of the lease contract and collection charges to the plaintiff.

In regard to this, the defendant defense that the deposit and the long-term repair appropriations, the repair and maintenance expenses paid on behalf of the plaintiff should be paid KRW 1,865,248. However, the defendant's calculation is clear that the unpaid rent and management expenses until June 2014 exceed KRW 2 million (the rent and management expenses not paid until February 2013 are KRW 3.5 million between March 2013 and June 16, 2014) - (the collection amount of KRW 4,976,689 of the plaintiff) = 4,343,311). Since the management expenses not paid by the defendant significantly exceed the total amount of the long-term repair appropriations, the repair and maintenance expenses not paid by the defendant (the management body of the building of this case is 13,873,870 won against the defendant, the management expenses not raised by the defendant, and there is no ground for defense by the defendant.

The plaintiff's claim is accepted.