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(영문) 서울동부지방법원 2017.11.24 2017가단122858
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver 162.72 square meters of the 1st floor of the building listed in the attached list;

(b)payment of 12,383 won;

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 7, the facts indicated in the grounds for the claim (excluding the portion of late rent in arrears) may be acknowledged, and the fact that the Defendant, on July 4, 2017, remitted the amount of KRW 5 million out of late rent in arrears to the Plaintiff on July 4, 2017 where the lawsuit in this case is pending, does not conflict between the parties.

B. According to the above facts of recognition, a lease agreement on a building 162.72 square meters on the 1st floor of a building indicated in the attached Table between the Plaintiff and the Defendant (hereinafter “instant leased building”) between the Plaintiff and the Defendant is deemed to have been lawfully terminated and terminated at the time when the Defendant’s notice of termination (the notice of termination as of May 22, 2017) reached the Defendant on the grounds of overdue rent for at least three years.

Therefore, the defendant delivers the leased building of this case to the plaintiff, and pays 12,383 won [5 million won in arrears of 42 days from March 20, 2017 to April 30, 2017 x 5 million won in total (3,630,000 won x 12 months x 365 x 42 days] - the defendant paid the above 5 million won in July 4, 2017, and the plaintiff sought payment of the remainder after deducting the above 5 million won from the amount calculated at the rate of 3,630,000 won in arrears of the above building from March 20, 2017 to April 30, 2017.

From May 1, 2017 to the completion date of delivery of the building above, there is a duty to pay the rent of 3,630,000 won or the rent of 3,630,000 won per month.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff should take over the leased building of this case and construct the interior interior interior interior interior interior decoration work, and pay 49.5 million won at its expense, new toilets and internal restaurant facilities, and its existing value is more than 40 million won, and thus, the time should be given to the Plaintiff or new lessee.

B. Of the above arguments, the argument regarding the interior facilities, etc. is regarding the tegrology, toilets, internal facilities, etc.

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