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(영문) 서울동부지방법원 2016.09.23 2016가단12831
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From April 30, 2016, KRW 4,750,00 and April 30, 2016

Reasons

Facts of recognition

Comprehensively taking account of the respective descriptions and the overall purport of the arguments in Gap 1-3, the plaintiff is limited to "No. 1106 of the real estate listed in the separate sheet owned by the plaintiff to the defendant on January 15, 2015."

(2) As to the Plaintiff’s lease contract from January 31, 2015 to December 30, 2016, the lease deposit is KRW 10 million, KRW 950,000,000, and KRW 950,000,000. As to the Defendant’s delayed payment of rent from November 30 to December 30, 2015, the Plaintiff sent the Defendant, on March 23, 2016, a mail proving that the above lease contract is terminated on the ground of the delayed payment of rent for more than two years. According to the above facts of recognition, the above lease contract was lawfully terminated according to the Plaintiff’s exercise of the Plaintiff’s right to termination, and the Defendant is obligated to deliver the Plaintiff with KRW 106 to the Plaintiff. Moreover, the Defendant is obligated to deliver the Plaintiff at the rate of KRW 15,000,000 from December 1, 2015 to April 29, 2016 x 195.

The plaintiff asserts that the defendant is liable to pay 2.27 million won of the management expenses for the portion of 10 months to the plaintiff. Thus, according to the records of Gap 4, the defendant's obligation to pay 2.2 billion won of the management expenses, it can be acknowledged that the defendant did not pay the total of 1,600,400 won of the management expenses from November 2015 to June 2016. However, according to the records of Gap 1, the plaintiff and the defendant agreed to make the management expenses at the time of the conclusion of the above lease contract under the management rules of the building in question, and it can be acknowledged that the defendant agreed to pay the management expenses for the portion of the management body of the aggregate building to which the above 1106 subparagraph belongs directly to the management body of the aggregate building in which the above 1106 subparagraph belongs. Thus, the defendant cannot be deemed to have the obligation

The plaintiff also means that the defendant from April 30, 2016 to 1106.

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