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(영문) 인천지방법원부천지원 2020.11.27 2020가단3750
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) pay 36,023,616 won and c.

Reasons

1. Facts of recognition;

A. On November 23, 2017, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a lease agreement with the Defendant and the instant real estate as KRW 50,000,000, monthly rent of KRW 1,650,000, monthly management fee of KRW 1,350,000, monthly management fee of KRW 1,350,000, and the lease period from November 22, 2017 to November 21, 2022.

(hereinafter “instant contract”). (b)

According to the instant contract, the Defendant shall separately pay the Plaintiff the monthly rent and the value-added tax for the monthly management expenses, and the Plaintiff may terminate the instant contract where the Defendant did not pay all the fees, such as monthly rent and management expenses, for at least two months.

C. From June 2019 to March 2020, the Defendant delayed KRW 36,023,616 in total, including monthly rent, management fee, electricity fee, etc.

The Plaintiff expressed his intent to terminate the instant contract in the instant complaint, and the instant warden reached the Defendant on May 25, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. In light of the above facts, the defendant is obligated to deliver the real estate of this case to the plaintiff, pay the sum of 36,023,616 won, such as unpaid rent, and pay the 3,300,000 won per month from April 1, 2020 to the completion date of delivery of the real estate of this case (1,650,000 won per month) = (1,350,000 won per month for management expenses of monthly rent 1,650,000) x 1.1 (in addition, 10%).

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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