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(영문) 광주지방법원 2016.04.21 2015가단531407
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the five-storys of the real estate listed in the attached list, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On August 12, 2011, the Plaintiff paid the purchase price in full as the purchaser in the voluntary auction procedure for the real estate stated in the order.

B. On December 1, 2011, the Plaintiff separately set forth the part on (a) the text of the above real estate (hereinafter “the instant real estate part”) on KRW 350,000 per month for rent and management expenses, and agreed to be paid rent and management expenses pursuant to the previous lease agreement from August 12, 201 to November 30, 201, while leasing the said part to the Defendant from December 1, 2011 to June 30, 2013, the Plaintiff separately set the value-added tax on KRW 350,000 per month for rent and management expenses. The rent and management expenses under the previous lease agreement were set aside as value-added tax on KRW 350,00 per month.

C. The Defendant paid only KRW 4,500,000 on August 8, 2013, when the Plaintiff did not pay rent and management expenses for the period after August 12, 2011.

On December 29, 2015, the complaint of this case, stating that the plaintiff will terminate the lease contract on the grounds of the defendant's delinquency in rent and management expenses, was served on the defendant on December 29, 2015.

E. The Defendant occupied and used the above real estate portion from the time of delivery of the above complaint to the present day.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, the above lease contract was lawfully terminated.

As such, the defendant shall deliver the part of the real estate of this case to the plaintiff: (i) the rent of this case from August 12, 201 to December 31, 201; (ii) the value-added tax of 248,387 won [=350,00 x 1.1 x 20/31] among the rent of this case and its value-added tax of the same month from August 12, 2011 to December 31, 201; and (iii) the management expenses for the same period and value-added tax of 248,387 won [=350,00 x 1 x 20/31 x 248,380 won which the plaintiff seeks from September 1, 201 to December 31, 2015 x 350,000 x 1 x 2401 x x 206,3665 x 706,765 x 365 ,706.

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