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(영문) 서울중앙지방법원 2016.07.13 2015가단134663
건물명도
Text

1. The Defendants are listed in the separate sheet from June 15, 2016 to June 15, 2016, from KRW 66,748,854 to KRW 33,251,146.

Reasons

1. Basic facts

A. On January 14, 2013, D, E, F, and G, a co-owner of the real estate listed in the separate sheet, granted the Plaintiff the right to lease the first and second floors among the real estate listed in the separate sheet (hereinafter “instant store”). Accordingly, on January 31, 2013, the Plaintiff determined and leased the instant store to H and I as of February 27, 2018 by setting the deposit amount of KRW 40 million, monthly rent of KRW 25 million (excluding value-added tax), management expenses (excluding value-added tax), monthly rent of KRW 500,000 (excluding value-added tax), and lease period of KRW 50,000 from February 28, 2013 to February 27, 2018.

B. On May 27, 2015, the Plaintiff agreed with H, I, and the Defendants to accept the status of lessee with respect to the instant store from June 1, 2015. However, the leased deposit to be paid by the Defendants to the Plaintiff shall be substituted by the leased deposit paid by H and I. Accordingly, the Defendants agreed with the Defendants as follows (hereinafter “instant lease agreement”).

Deposit: 40 million won monthly rent: Management fee of 25 million won (excluding value-added tax, prepaid on the first day of each month): the lease period of 1.2 million won per month (excluding value-added tax, value-added tax): If the lessee delays the rent from June 1, 2015 to February 28, 2018, 10% of the monthly rent shall be paid in addition to interest for arrears, and if the rent is delayed, the lessee shall withdraw from the lease without objection.

In other words, facility costs and all rights should not be claimed and restored to the original state.

Additional taxes and management expenses are to be borne separately by the lessee.

C. From June 1, 2015, the Defendants did not pay a rent under the instant lease agreement to the present date and used the instant store as a restaurant.

Where the store of this case is leased in KRW 400 million, the monthly rent from April 20, 2016 to April 19, 2017 is KRW 22,368,00.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 4, 6, 9 (including paper numbers), Gap 7 evidence 1 to 3, respectively.

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