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(영문) 서울중앙지방법원 2018.09.17 2018가단5008722
건물명도(인도)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 16,00,000 each against the Defendant (Counterclaim Plaintiff) and the amount from February 13, 2018 to August 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 2016, the Plaintiffs were co-owners holding 1/2 shares of the attached real estate indicated in attached Form 1/2, and leased (hereinafter “instant lease agreement”) to the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 40,00,000,00 for the portion of “A” (hereinafter “instant commercial building”) and KRW 74.64,00,000 for each of the items indicated in attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1,000 for each of the above real estate indicated in attached Form 1, 2, 3, 4, 6, 9, and 1,000 for each of the above real estate.

In the instant lease agreement, the Defendant determined to pay the overdue charge calculated at the rate of 24% per annum if the Defendant fails to pay the rent and management fee.

B. On November 2017, 2017, the Defendant delayed the rent and management expenses for the portion of 12.1. On January 15, 2018, the Plaintiffs filed the instant lawsuit seeking the termination of the instant lease agreement and the return of unjust enrichment equivalent to the rent until the delivery and delivery of the instant commercial building. The instant warden was served on the Defendant on January 26, 2018.

C. On February 12, 2018, the Defendant transferred the instant commercial building to the Plaintiffs without paying the rent and management fee, and the electricity fee.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 and 2 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s allegation that the Plaintiffs were not paid by the Defendant, electric charges up to February 2, 2018 up to KRW 8,005,380, and the late payment charges thereof, and KRW 200,00,00, and the Defendant’s safe repair fees, and KRW 1,135,968, shall be paid to the Plaintiff.

In addition, since the lease contract of this case was terminated due to the delinquency of the defendant, 6,105,00 won, which is the equivalent value of the rent and management fee for three months due to compensation for damages, is the defendant.

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