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(영문) 수원지방법원 안양지원 2017.04.21 2016가단16564
건물명도등
Text

1. The defendant is against the plaintiff (appointed party).

(a) deliver the real estate listed in the separate sheet;

(b) KRW 20,358,480 and April 2016.

Reasons

1. Facts of recognition;

A. On January 27, 2016, the Plaintiff (Appointed; hereinafter “Plaintiff”) and the designated parties are co-owners of the real estate listed in the Disposition No. 1 (hereinafter “the instant building”). On January 27, 2016, the instant building was leased to the Defendant by setting the lease deposit of KRW 40 million, monthly rent of KRW 2.4 million (Provided, That where the Defendant does not pay the lease deposit, KRW 27 million, monthly rent of KRW 2700,000) and the lease term of KRW 2.7 million from February 15, 2016 to December 31, 2018, and the management fee was borne by the Defendant.

(hereinafter “instant lease agreement”). B.

From February 15, 2016, without paying the lease deposit to the Plaintiff, the Defendant received delivery of the instant building from the Plaintiff and operated the clothes of “C”, and possessed the instant lease agreement without paying the monthly rent and management expenses up to now.

C. On October 15, 2016, the monthly rent that the Defendant failed to pay to the Plaintiff is KRW 19,060,000 for the monthly rent, and KRW 1,298,480 for the management fee, and the copy of the instant complaint stating the Plaintiff’s declaration of termination of the instant lease on the grounds of the Defendant’s delinquency in rent was served on the Defendant on November 25, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was lawfully terminated on November 25, 2016, when the duplicate of the complaint was delivered to the Defendant. Barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff money calculated in proportion to the rent of KRW 19 million and the management fee of KRW 1,298,480 until October 15, 2016, plus KRW 20,358,480,480, as well as the rent of KRW 2970,000 from October 16, 2016 to the completion date of delivery of the instant building, which is the rent of KRW 1,9 million and the management fee of KRW 1,298,48,480, and the amount equivalent to the rent from October 16, 2016 to the completion date of delivery of the instant building.

B. The defendant's assertion is judged.

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