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(영문) 수원지방법원성남지원 2020.12.16 2020가단4774
건물명도 등
Text

Among the lawsuits in this case, the part of the claim for building management expenses shall be dismissed.

The Defendant, as the Plaintiff

(a) Appendix 1 List;

Reasons

1. Basic facts

A. On February 19, 2019, the Plaintiff and Nonparty E entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant stating that the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is KRW 20 million, KRW 1.6 million, KRW 1.6 million, and KRW 1.6 million, and the lease period from March 3, 2019 to March 2, 2021 (hereinafter “instant lease agreement”). The said agreement includes a special agreement that “D and B’s wall may be removed at the lessee’s expense according to the purpose of use,” and that “the terms and conditions for restoration at the expiration of the lease term, the contract deposit, monthly rent, and remainder shall be transferred to the lessor’s account.”

B. On March 3, 2019, the Defendant, using the instant real estate and its adjacent drawings Nos. D, removed the partitions of the indication of “bridge” indicated in the annexed drawings Nos. 2, which are between the instant real estate and the instant real estate No. 4.

C. From April 2019 to September 2019, the Defendant began to pay the rent in arrears, and paid the rent in late from April 2019 to September 2019 as stated in the details of the unpaid tax and late payment charges in attached Table 3. As of the closing date of pleadings, the Defendant unpaid the rent of KRW 19.2 million from October 2019 to September 2020 (i.e., KRW 1.6 million).

The sum of delayed rent from April 2019 to September 2019 is 66,700 won, calculated at the rate of 5% per annum from each due date to the second day of the month prior to the due date, and damages for delay calculated at the rate of 5% per annum from each due date from October 2019 to September 2, 2020 from the due date of unpaid rent to September 2020.

On November 2019, the Plaintiff and E notified the Defendant of the termination of the instant lease agreement on the grounds of the rent delay, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The above facts of recognition.

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