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(영문) 수원지방법원 안양지원 2021.02.25 2020가단126611
건물명도등 청구의 소
Text

1. Of the instant lawsuit, the part demanding payment of KRW 446,307 from December 25, 2020 to December 25, 2020 shall be dismissed.

2. The defendant.

Reasons

Facts of recognition

On April 2, 2018, the Plaintiffs concluded a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant lease agreement”) with the following terms and conditions. In the event that the Defendant’s overdue overdue interest falls short of three (3) rents, the Plaintiffs agreed that the contract may be immediately terminated.

The additional value tax on rent of KRW 240,000 per month and management expenses (management expenses for electrical safety, elevator management expenses, toilet and stairs cleaning expenses) monthly rent of KRW 30,000,000 for monthly rent of KRW 2,360,000 for rent of KRW 30,000 for rent and management expenses shall be 40 kw for electricity from April 30, 2018 to April 30, 2020.

On the other hand, the Plaintiff entered into a power supply contract with the Korea Electricity Corporation on all buildings, including real estate listed in the separate sheet, with a capacity of 300 kmW, type “Industrial (B)” and unit price 8,320 won per unit price kW.

From July 23, 2012 to December 23, 2018, the Plaintiff entered into an electricity safety management agency contract with G in KRW 130,000 per month, respectively. On March 25, 2016, the Plaintiff entered into an elevator repair contract with H in KRW 110,00 per month.

The composition items and calculation forms of the rent, management fee, etc. of the instant lease agreement are as shown in the attached Form 1 attached hereto, and the amount of each item in the attached Form from October to August 2019 to calculated by applying the quantity of real estate or all buildings used in the above calculation formula and the amount unpaid by the defendant shall be as listed in the following [Attachment 2] and [Attachment 3].

[Attachment 2] [Attachment 3] The plaintiffs notified the termination of the lease contract on the ground that the defendant has not been paid rent for at least three years upon filing the suit in this case, and the copy of the complaint reached the defendant on September 21, 2020.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 9 through 12, 14, 15, and 16 (including various documentary evidence) and the purport of the whole pleadings, the plaintiffs are the defendants from January 2020 to August 2020.

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