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(영문) 서울북부지방법원 2017.07.20 2017가단3779
건물명도
Text

1. From 10,880,000 won to 10,000 won, the Defendant is among the first floor of the real estate indicated in the indication of the attached real estate from February 11, 2017.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 4, which is acknowledged as facts Gap.

On April 30, 2015, the Plaintiff: (a) agreed to the Defendant on the lease deposit of KRW 20 million; (b) monthly rent of KRW 2.3 million; and (c) from May 11, 2015 to May 11, 2016, the lease term of KRW 2.3 million (hereinafter “the lease of this case”).

B. On May 11, 2016, the Plaintiff agreed with the Defendant to change the monthly rent of KRW 2.7 million (including value-added tax), monthly management expenses, and the lease period from May 11, 2016 to May 10, 2017.

C. However, until February 10, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of delinquency in rent for at least two years, as it did not receive KRW 9,120,000 in total the monthly rent and management expenses from the Defendant.

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was lawfully terminated by the delivery of the complaint of this case containing the expression of intent of termination, the defendant is obligated to deliver the plaintiff the remaining amount after deducting the amount calculated by the ratio of the amount from February 11, 2017 to the completion of delivery of the store of this case from the lease deposit of this case (i.e., the lease deposit of 20 million won - the lease deposit of 9120,000 won) to the lease deposit of this case (i.e., the rent of 2.7 million won and the management fee of 9120,000 won).

B. On the judgment of the defendant's assertion, the defendant not only violated Article 11 of the Commercial Building Lease Protection Act but also caused the plaintiff's coercion.

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