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Reasons
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(영문) 수원지방법원 2019.01.24 2018나73997
건물명도(인도)
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1. Of the portion of the first instance judgment’s monetary payment, the part against the Defendant is as follows: from January 1, 2019 to the Plaintiff; and

1. The list;

Reasons

1. Basic facts

A. On June 29, 201, the Plaintiff concluded a lease contract with the Defendant on a store and coffee store and renewed it. (1) On June 29, 2015, the Plaintiff concluded a lease contract with the Defendant for the lease deposit of KRW 20,000,000, annual rent of KRW 20,000, annual rent of KRW 200,000, and from July 1, 2015 to June 30, 2017, and (2) as to D coffee stores, the lease contract with the Plaintiff and the Defendant for the lease of KRW 5,00,00, annual rent of KRW 10,00,000, annual rent of KRW 10,000, and the lease contract with the Defendant from July 1, 2015 to June 30, 2017 (hereinafter referred to as “the lease agreement with the Plaintiff or the Defendant”).

B. The Defendant is running a business in possession of the C shop and D coffee store up to the day of the closing of argument in the trial.

On February 19, 2018, the Defendant deposited the Plaintiff as the principal deposit, the sum of KRW 15,00,000,000,000, from July 1, 2017 to December 31, 2017, the Seoul Central District Court (Seoul Central District Court Decision 201763, Jul. 24, 2018; KRW 15,000,000,00, the sum of rents from January 1, 2018 to June 30, 2018; and KRW 517,00,000,000 for rent from July 1, 2019 to December 31, 2018; and each deposit of KRW 15,000,000,000,000 for rent from July 1, 2018 to December 31, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 12, Eul evidence Nos. 3, 12 and 13 (including each number), the purport of the whole pleadings

2. The scope of this Court’s trial: (a) the Plaintiff filed a claim against the Defendant for a payment of money calculated by the ratio of KRW 20,000,000 per annum from July 1, 2017 to July 1, 2017; and (b) the amount calculated by the ratio of KRW 10,000 per annum from the completion date of delivery of the D coffee store to the completion date of delivery; and (c) the first instance court accepted each of the requests for delivery among them and each of the requests for payment of money from January 1, 2018 to December 31, 2017.

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