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(영문) 서울남부지방법원 2018.10.04 2017나1306
건물명도 등
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall make the plaintiff 131,651.

Reasons

1. No sub-loan shall be made in full for recognition.

0. Property tax (land and buildings) generated by entertainment establishments shall be borne by lessees.

0. The monthly rent shall be the second half, and the lessor shall handle it at will if the rent is overdue for not less than two months.

The Plaintiff is the owner of the instant real estate.

On May 1, 2008, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) between the Defendant and the Defendant with a lease deposit amounting to KRW 50 million, monthly renting to KRW 5.5 million, and with a lease period fixed from May 1, 2008 to KRW 24 months. The Defendant paid KRW 50 million to the Plaintiff around that time.

The terms and conditions of the instant lease agreement agreed between the Plaintiff and the Defendant are as follows.

B. After the date of the instant lease agreement, the Defendant operated an entertainment tavern business in the instant real estate with E, and transferred all possession of the instant real estate to E around May 2010. From around that time, E occupied the instant real estate, thereby running an entertainment tavern business.

E entered into a partnership agreement with F on October 1, 2013, and F was doing business in the instant real estate since that time.

C. Around May 2015, an administrative disposition was issued on the ground that sexual traffic was conducted on the instant real estate. At that time, the Plaintiff consented to the removal of the instant real estate and the construction of a new building.

For the foregoing reasons, the Plaintiff was handed over the instant real estate on May 15, 2015.

The Plaintiff received KRW 86,918,410 in total, and KRW 130,50,000 in total from January 1, 2011 to May 15, 2015, from August 1, 2009 to December 31, 201.

On September 2014, the Plaintiff was imposed property tax of KRW 16,109,340 on the instant real estate by the head of Yeongdeungpo-gu Seoul Metropolitan Government and KRW 710,700 on the charges for causing traffic congestion.

[Grounds for recognition] Gap 1, 2, 9, 10 numbers.

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