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(영문) 서울북부지방법원 2015.06.25 2014가단129045
건물명도
Text

1. The Plaintiff:

A. Defendant B’s KRW 3,910,000 and for this, KRW 6% per annum from December 1, 2014 to March 12, 2015.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.

On October 27, 2011, the Plaintiff entered into a lease contract with Defendant B for the lease of KRW 35 million, monthly rent of KRW 2050,000,000, and the lease period from November 1, 201 to October 31, 201 (hereinafter referred to as “instant contract”) with Defendant B for each point of KRW 1,2,3,4,5,6,7,7,8, and 1, in turn, among the 1st floor of the real estate indicated in attached Form 1, 2,4, and 5.7 square meters inside the instant lease contract (hereinafter referred to as “instant store”) and changed between Defendant B and Defendant B as of October 27, 2013.

B. Meanwhile, Defendant B did not pay the Plaintiff the rent of the instant store since October 27, 2011, and delivered the instant store to Defendant C without the Plaintiff’s consent around October 2014.

2. Determination

A. According to the above facts finding as to the claim against Defendant B, the instant contract concluded on November 30, 2014 with the expiry of the period of November 30, 201, and thus, the Defendant is obligated to pay the Plaintiff the unpaid rent of 3.91 million won [25 months from November 1, 201 to November 30, 201 】 (2,55,000 won for monthly rent and value-added tax x 12 months from December 1, 2013 to November 30, 2014) 】 (2,470,000 won for monthly rent and value-added tax x 90,00 won for annual rent and value-added tax - (35,000,000 won for each of the lease deposit to 35,000,0000 won for annual rent and delay damages 201,205,201,204,2005.

B. According to the above facts of recognition as to the claim against the defendant C, the defendant C occupies the store of this case without any title.

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