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(영문) 서울중앙지방법원 2018.10.04 2018가단15602
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. 22,038,000 won and the same shall be applicable thereto.

Reasons

1. Facts of recognition;

A. The Plaintiff is one-half (one-half (one-half) of the co-owners of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 13, 2015, the Plaintiff leased the instant real estate to the Defendant as KRW 20,000,000, monthly rent of KRW 2,000 (the last day of each month and separate value-added tax), and the lease period from April 20, 2015 to April 19, 2017, respectively.

(hereinafter “instant lease agreement.” At the time of the instant lease agreement, the Defendant paid KRW 100,000 per month to the Plaintiff as management expenses, along with monthly rent, and the water rate was borne by the Defendant.

C. The Defendant occupied and used the instant real estate after the conclusion of the instant lease agreement.

After the Defendant did not pay KRW 310,000 among the rent for April 19, 2016 as of July 19, 2016 and KRW 92,000 on August 4, 2016, the Defendant paid KRW 2,200,000, KRW 3,000,000 on November 20, 2016, and KRW 1,000,000 on December 31, 2016, and KRW 3,000,000 on March 23, 2017, as management expenses, water supply fees, and water supply fees, and unpaid the remainder management expenses, monthly rent, and water supply fees.

As of the end of February 2018, the sum of the rent, management fee, and water rate of the defendant's unpaid monthly rent is KRW 42,038,00.

E. The Plaintiff terminated the instant lease agreement to the Defendant on the grounds that the Plaintiff was not paid monthly rent and management expenses, etc. from April 2016 to March 2, 2018 and March 2, 2018.

“Although the certificate of content was sent, all were returned.”

F. The Plaintiff, via the duplicate of the instant complaint, asserts that the Defendant did not pay KRW 310,00 and KRW 92,00,000, out of the rent of April 2016, and thereafter did not pay the rent at all thereafter, and that even though the Defendant did not comply with the request of the Defendant for delivery on several occasions, the Defendant lost the Defendant’s right to possess and use the instant real estate while failing to comply therewith.

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