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(영문) 서울중앙지방법원 2016.11.23 2015나32508

건물명도 등

Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. (1) On August 14, 2012, the Plaintiff et al.: (a) indicated on the attached list 134.93 square meters of land floor and 25.41 square meters of underground floors among buildings listed in the attached list (hereinafter “instant building”; and (b) determined the leased object as KRW 10,000,000 from August 14, 2012 to December 13, 2014; (c) as KRW 1,300,000 from August 14, 2014 to December 13, 2014 (excluding value-added tax); (d) as a special agreement, from August 14, 2012 to December 13, 2012 to KRW 1,00,000 (value-added tax); and (d) from December 13, 2013 to December 13, 2014 to December 13, 2013>

(2) On October 14, 2015, the Plaintiff et al. filed a lawsuit of this case claiming for the delivery and unpaid rent, etc. of the instant leased building by asserting that the Defendant did not pay KRW 10,675,66, out of the rent for the first contract until October 2, 2014. (B) The Defendant served with the Plaintiff et al. a copy of the instant complaint, etc., including the conclusion of the second contract, applied the deposit for the first contract to the unpaid rent for the first contract, and concluded a new lease contract by adjusting the rent and the lease period. (2) On February 14, 2015, the Plaintiff et al. concluded a new lease contract with the Defendant for the lease of the instant leased building from February 14, 2015 to February 13, 2016 to February 13, 2016 (hereinafter “the following special agreement”).

(A) In a case where the Defendant delays the payment of the rent for 90 days (including the case where the sum of the overdue charge exceeds the 90 days even if the 90 consecutive overdue charge was not paid), the Plaintiff, etc. shall also lease the said rent even before the expiration of the lease agreement.