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(영문) 서울고등법원 2016.11.03 2016나2038502
건물명도
Text

1. Plaintiff (Counterclaim Defendant) who exceeds the following order of payment among the part concerning the counterclaim of the first instance judgment.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) On March 10, 2015, the Plaintiff entered the attached list of leased real estate (hereinafter “instant building”) in the Defendant on March 10, 2015.

2) Of the 5th floor above, the 5th floor above (hereinafter “instant 5th floor”).

(2) The term of the lease contract is 24 months from the date of delivery, and the term of the lease contract is determined as KRW 50 million (hereinafter “instant lease contract”).

(2) According to the instant lease agreement, the Plaintiff delivered the 5th floor of the instant building on March 10, 2015, and the Defendant paid the lease deposit on May 4, 2015, and the monthly rent of KRW 11,00,000 (including management expenses and value added tax) shall be paid on the 30th day of each month, but the public fee (in addition to monthly rent and management expenses, hereinafter “monthly rent, etc.”) separately determined that the lease agreement may be terminated if the Defendant, a lessee, did not pay rent for two months.

B. On March 10, 2015, the Defendant: (a) received the five-story of the instant building from the Plaintiff on delivery on March 10, 2015; and (b) up to May 4, 2015, up to KRW 65 million, including the deposit for lease, to the Plaintiff (hereinafter “instant deposit, etc.”)

(2) On July 6, 2015, the Plaintiff notified the Defendant of the details of KRW 39,348,712 as of June 30, 2015, under the title “the settlement status of rent and management expenses,” and on July 27, 2015, the Plaintiff sent a document stating that the Plaintiff would pay total of KRW 52,519,506 for arrears by July 31, 2015.

C. One Defendant did not take any particular measures against the termination of the lease agreement and the delivery of an object, etc., but the Plaintiff, as the title “the chief” on August 4, 2015, terminated the instant lease agreement to the Defendant as of August 4, 2015, and thus, the fifth floor of the instant building until August 7, 2015.”

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