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(영문) 서울남부지방법원 2018.08.14 2017가단31450
건물명도
Text

1. The defendant against the plaintiffs

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

(b) 5,61,651 Won and as regards this.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8 as to the plaintiff's claim, the buildings listed in the separate sheet are owned by the plaintiffs. On June 19, 2014, the plaintiff A leased the buildings listed in the separate sheet to the defendant as 20,000,000, monthly rent of KRW 1,70,000 (excluding value-added tax), monthly rent of KRW 1,70,000 (excluding value-added tax), and from June 30, 2014, June 30, 2014. The above lease was implicitly renewed. The defendant delayed monthly rent of KRW 29,711,651 as stated in the separate sheet. The long-term repair appropriations paid by the defendant including the management expenses are 3,060,000, and the long-term repair appropriations that are included in the management expenses from September 19, 2017 to June 2018.

Therefore, the Defendants are obliged to issue an order to the Plaintiff on the attached list and pay 5,61,651 won (i.e., KRW 29,711,651 - 20,00,000 - 3,060,000 - 990,000 - 90,000), which is the day following the delivery date of the written amendment of the instant claim sought by the Plaintiff, to the day of complete payment from July 24, 2018 to the day of full payment, and to compensate for the damages equivalent to KRW 1,870,000 for each month from July 1, 2018 to the day of full payment.

2. The defendant's assertion that the defendant could not be used due to leakage in the building stated in the attached list, but there is no evidence to acknowledge it.

3. citing the Plaintiffs’ claim.

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