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(영문) 서울중앙지방법원 2017.11.08 2017가단5116640
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet No. 1, each point is indicated in the separate sheet No. 2, 3, 4, 4, and 5.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 through 5 and all pleadings, on November 7, 2014, the plaintiff is recognized as having entered into a lease agreement with the defendant on the following grounds: on the following grounds: (a) specifications Nos. 2, 3, 4, 56 square meters of the portion on the ship (a) connected with each of the real estate listed in the attached Table No. 1 owned by the plaintiff in sequence with the defendant; (b) KRW 20,000,000 of lease deposit; (c) the term of lease was from December 1, 2014 to November 30, 2015; (d) KRW 2,100,000 (excluding value-added tax); (e) general management expenses and value-added tax were paid on the last day of each month; and (e) the defendant did not deliver the leased lease agreement to the defendant on the ground that he/she had not paid the rent within 10,000,000 for the last day of each month (hereinafter referred to “the lease agreement”).

B. According to the above facts of recognition, the instant lease contract was terminated on June 21, 2017, when the duplicate of the complaint was served on the Defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay each amount calculated by the ratio of KRW 2,420,00 per month from December 1, 2015 to the completion date of delivery of the instant building (i.e., KRW 110,00 for monthly management expenses, including value-added tax, KRW 2,310,000, including value-added tax).

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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