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(영문) 대구지방법원 2016.08.26 2016가단102587
건물명도
Text

1. The defendant shall be the plaintiff.

A. From KRW 6,911,927 to KRW 6,927 from the Plaintiff, the second floor of the building indicated in the attached Form from August 13, 2016 is 16.

Reasons

1. The assertion;

A. The Plaintiff’s assertion 1) The Plaintiff is the owner of the building indicated in the attached Form, and is the owner of the building indicated in the attached Form, which is 166.75 square meters (hereinafter “this case’s building”).

As to the Defendant, (i) KRW 30 million and monthly rent from July 15, 2012 to July 14, 2013; (ii) KRW 1.5 million per month from July 15, 2013 to July 15, 2014; and (iii) KRW 1.6 million per month from July 15, 2013 to July 15, 2014; (iv) monthly payment of KRW 1.6 million per month as the 15th day per month; and (v) lease agreement stipulated in the terms, etc. from July 15, 2012 to July 14, 2014 (hereinafter referred to as the instant lease agreement).

(2) The Defendant concluded the instant building with the trade name in the column C, and the Defendant did not pay KRW 8,598,325, including monthly rent and public charges, until November 9, 2015.

3) Therefore, on November 9, 2015, the Plaintiff sent to the Defendant a certificate of the content that the contract is terminated on the grounds of delinquency at least three occasions during the instant lease agreement. 4) However, the Defendant did not pay 12,80,000 won for monthly rent or unjust enrichment equivalent to the monthly rent (hereinafter “monthly rent or monthly rent”) to be paid in advance by July 15, 2016 while continuing to operate the business in the instant building up to the present date when expressing the amount of monthly rent or monthly rent (hereinafter “monthly rent or monthly rent”) and 141,805 won for water supply, 120,000 won for the cleaning of stairs, 63,600 won for purification and treatment expenses, and 325,405 won for management expenses, such as management expenses.

6. Therefore, the Defendant asserts that the Plaintiff is obligated to deliver the instant building to the Plaintiff and to pay the Plaintiff money in proportion to KRW 23,205,405 (the sum of KRW 22,880,000, including monthly rent in arrears, and KRW 325,405, including management fee) and KRW 1,760,000 per month from July 16, 2016 to the completion date of delivery.

B. The Defendant’s assertion (1) Although the lessee has a duty to maintain the condition that the lessee is able to use and benefit from the leased object, the Defendant is obliged to pay for the leakage of toilets until July 15, 2012, and due to the low pressure of toilets, toilets and screeners.

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