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(영문) 서울동부지방법원 2015.11.13 2015가단30269
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver a total of 185.2 square meters of the fourth floor among the buildings listed in the attached list;

(b) 38,876,000 Won;

Reasons

Facts of recognition

Comprehensively taking account of the overall purport of the statements and arguments in Gap 1 and 2, on March 27, 2008, the plaintiff was leased to the defendant on March 27, 2008 by setting the lease amount of 185.2 square meters in total on the fourth floor, deposit money of 20 million won in lease, monthly rent of 1.7 million won (including value-added tax, 27 days in each month), management expenses (including value-added tax, and payment on March 27), management expenses (including value-added tax, and payment on March 26, 2009) and by March 26, 2009. The plaintiff terminated the lease contract through the complaint in this case. Even if the lease deposit was deducted as of July 27, 2015, the defendant can recognize the fact that the plaintiff was paid the lease deposit of 38,876,000 won in total, such as rent and management expenses, and the lease deposit of 208,7000 won in arrears and 28.

Judgment

According to the above facts, the above lease contract was lawfully terminated as the termination right occurred due to the failure of the defendant to pay more than two vehicles through the complaint of this case.

Therefore, the Defendant is obligated to deliver to the Plaintiff a total of 185.2 square meters of the four floors among the buildings listed in the attached Table with the reinstatement, and to pay to the Plaintiff a total of KRW 38,876,000 as of July 27, 2015, including rent and management expenses, and KRW 2,222,00 each month from August 27, 2015 to the completion date of the delivery of the said building (i.e., monthly rent of KRW 1760,000, KRW 462,000).

In conclusion, the plaintiff's claim is justified and acceptable.

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