(영문) 대전지방법원 2019.07.18 2017가단17228

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(영문) 대전지방법원 2019.07.18 2017가단17228

건물명도(인도) 등

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1. The part requesting the removal and restoration of the facilities in the lawsuit of this case shall be dismissed.

2. The defendant 1,239.

Reasons

1. Article 4 (Rents) (1) of the facts of the basis: The monthly rent shall be KRW 2.5 million, and the monthly rent for the first month shall be paid in advance as the remainder, and the monthly rent shall be paid to the lessor in advance by the 20th day of each month;

Provided, That the surtax shall be borne by the lessee every month.

(4) If a lessee fails to pay a rent, additional dues of 10% per month shall be paid to the lessor.

Article 6 (Management, Maintenance Costs, and Public Charges Charges) ① All expenses (excluding electric charges and water charges) necessary for the management and maintenance of a building 6,000 x total rent 600,000 per square day x 600,000 per square day (100 square day) monthly;

(2) A lessor shall notify the lessee of a claim for the cost of the management and maintenance by no later than three days prior to the expiration of the payment, and the lessee shall pay the claim in the manner notified by the lessor.

(Additional 10% of the arrears per month at the time of arrears).

On October 20, 2016, among the second floor of the Seo-gu Daejeon-gu building, Seo-gu, Daejeon, the Plaintiff leased (hereinafter referred to as the “instant real estate”) a deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the lease period of KRW 2.5 million from November 20, 2016 to November 20, 2018, with the indication of the attached drawing Nos. 1, 2, 3, 4, and 1.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

B. The Plaintiff transferred the instant real estate to the Defendant on November 20, 2016, but the Defendant did not pay the Plaintiff the rent from May 20, 2017 and the management fee from May 15, 2017.

C. On August 2, 2017, the copy of the complaint of this case containing the Plaintiff’s declaration that the lease contract of this case is terminated due to the delinquency in rent and management expenses two or more times by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 2 (including each number; hereinafter the same shall apply) and records, obvious facts in records, the purport of the whole pleadings

2. Removal of the facilities.

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