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(영문) 서울남부지방법원 2015.06.04 2014가단242273
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 923.38 square meters on the 1st floor of the building indicated in the attached Form, each point of the attached Form 1, 2, 3, 4, and 1 is indicated.

Reasons

1. Basic facts

A. On December 6, 2013, the Plaintiff: (a) attached Table 1, 2, 3, 4, and 1, among one story of one story of one story of 923.38 square meters as indicated in the attached Table 1st to the Defendant, the part connected in the order of each point of 375.835 square meters and each point of 5,6,7,8, and 50.5 square meters in order to connect each point of 30.5 square meters in each column of the attached map; (b) the lease deposit amount of KRW 30 million; (c) the rent of KRW 30 million; (d) the lease period of KRW 3,100,000; and (e) the lease period from January 25, 2014 to January 24, 2016; and (e) the Defendant separately bears the burden of paying the value-added tax and the water supply and drainage charges (including the electrical safety management expenses; and (e) the deposit amount of KRW 1000,0000.

(hereinafter “instant lease agreement”). B.

On September 26, 2014, the Plaintiff terminated the instant lease agreement on the ground that: (a) the remainder of the lease deposit agreed to be paid by the Defendant by the end of June 2014 and the overdue rent for six months from April 2014 to September 2014 was overdue.

C. The Defendant paid a total of KRW 16,966,62 as the rent for the instant building from the lease of the instant building to December 10, 2014.

At present, the defendant occupies and uses the building part of this case as factory and ancillary facilities.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 3, 13 and 14, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The lessee’s obligation to return the leased object arising from the termination of the lease agreement and the lessor’s obligation to return the remainder of the deposit, which deducted from the lessor’s default, is in a simultaneous performance relationship.

According to the above facts, around September 26, 2014, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s failure to pay the remaining lease deposit, etc., and the Defendant as of December 25, 2014, the sum of rent KRW 20,543,338 [=37,510,000 (including value-added tax) for rent from February 2, 2014 to December 2014 x KRW 37,510,000 (including value-added tax) for rent from December 25, 2014.

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