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(영문) 서울남부지방법원 2016.08.10 2016가단207564
건물명도
Text

The defendant shall indicate 1, 2, 5, 6, and 6 of the attached Form Nos. 1, 2, 5, 6 among the land floors and the first floor.

Reasons

On December 31, 201, the Plaintiff leased to the Defendant on a fixed basis as of December 31, 201, the lease deposit amount of KRW 25,00,000, KRW 230,000 (the last day of each month), and the lease deposit amount of KRW 230,000 (the last day of each month), and the lease term of KRW 25,00,00 from January 2, 2012 to January 1, 2014, a part of 65 square meters inside the ship connecting each point in sequence 1, 2,5,6, and 1 of the land on the attached list among the entire strata and the first floors.

(hereinafter “instant lease.” The Defendant, while occupying and using the instant commercial building, did not pay a rent for the period after May 2, 2015, and did not pay it until July 1, 2016, is KRW 31,220,000 (2,230,000 x 14 months).

On December 21, 2015, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground of the delinquency in rent.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 6 and the facts of the recognition as above, since the lease contract of this case was lawfully terminated by the defendant's termination notice, the defendant is obligated to deliver the commercial building of this case to the plaintiff and pay the plaintiff the amount calculated at the rate of KRW 6,220,000 (31,220,000-25,000,000), which is the next day from July 2, 2016 to the day of complete payment, as unjust enrichment or damages, which is the amount equivalent to KRW 2,230,00,000, which is the amount of monthly rent, from July 2, 2016 to the day of complete payment.

Since the defendant's assertion on the defendant's assertion was closed of a golf store operated on July 2015, the amount equivalent to KRW 220,000 per month of value-added tax added to rent during the following period should be refunded.

The Defendant’s premium of KRW 5,00,000,000 paid to the previous tenants without receipts in 10 years, and the cost of constructing toilets in the store as beneficial costs, and KRW 5,00,00,00,00,00, should be recognized.

Judgment

According to the reasoning of the judgment on the assertion, Gap evidence No. 2, the case is examined.

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