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(영문) 울산지방법원 2016.10.26 2016가단50220

건물명도

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1. The defendant shall be the plaintiff.

(a) specify the 102.18 square meters per floor among the buildings listed in the attached list;

B. From May 21, 2016, the foregoing.

Reasons

1. Basic facts

A. On November 21, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit amount of KRW 5,000,000 and monthly rent of KRW 650,000 (pre-paid on the 21st of each month of the rent) is the owner of the building indicated in the attached list (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a special agreement stating that “the lessee may not demand the lessor to pay the premium or time facilities, and the lessor would not participate in the premium for the time of facility change, etc. after three months. The lessor decided to adjust the rent to KRW 600,000 per month on the day of deposit after the expiration of the contract period. The lessor was to accept the lessee upon the expiration of the contract period (the increase in KRW 00,000 after the expiration).”

C. From February 21, 2013, the Plaintiff and the Defendant set the lease deposit amount of the instant lease contract as KRW 10,000,000 and monthly rent as KRW 600,00.

On November 21, 2014, the Plaintiff and the Defendant had extended the lease period by 770,000 won (including additional tax) increased by 100,000 won as in the special agreement as seen earlier, as the monthly rent from November 21, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, the purport of the whole pleadings

2. Issues and judgments

A. The plaintiff and the defendant's assertion and judgment 1) The plaintiff's assertion as to monthly rent of KRW 770,00 for the previous monthly rent of KRW 79,200 for the previous monthly rent of KRW 79,200 (the plaintiff may increase the monthly rent of KRW 9,300 for KRW 770,000 for the monthly rent of KRW 69,300 for the monthly rent of KRW 99,000 for the deposit of KRW 10,000 for the monthly rent of KRW 99,000 for the total of KRW 770,000 for the monthly rent of KRW 9,000 for the monthly rent of KRW 9,900 for the amount of KRW 10,00 for the monthly rent of KRW 10,00.

B. As to this, the defendant is first given the term of the lease of this case.