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(영문) 서울서부지방법원 2016.11.29 2016가단213100
건물명도
Text

1. Defendant B:

(a) deliver the second floor (394.75 square meters) of the building indicated in the attached list;

(b)25,260,810 won and ;

Reasons

1. Basic facts

A. The Plaintiff, D, and E share 1/3 shares of each of the buildings listed in the separate sheet.

B. On August 10, 2010, D with the consent of the Plaintiff and E, leased 80,000,000 won for lease deposit, and monthly rent to F and Defendant B.

C. On September 10, 2014 with the consent of D and E, the Plaintiff leased the instant store to Defendant B by setting the lease deposit amount of KRW 80,000,000, monthly rent of KRW 7,600,000 (additional tax separate, monthly payment of KRW 20,000) and the lease term from September 10, 2014 to September 10, 2015.

(hereinafter “instant lease agreement”). D.

While the instant lease contract was implicitly renewed, Defendant B did not pay monthly rent and management expenses from November 2015, and the Plaintiff paid the same year on January 22, 2016.

2.4.

2. 24. 3 times urged the payment of overdue rent and management expenses.

As Defendant B was not in compliance with this, the Plaintiff terminated the instant lease agreement on March 4, 2016 as the Plaintiff did not pay rent and management fee from November 2015 to the Defendants.

“The content certification was sent, and the above content certification reached the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim was terminated as the overdue charge of Defendant B. From November 2015 to August 2016, 2016, the total amount of unpaid rent or unjust enrichment equivalent to the unpaid rent from November 2015 to August 2016, is KRW 83,60,000 (including surtax), and the total amount of unjust enrichment equivalent to unpaid rent or the unpaid management fee or the management fee (including surtax), reaches KRW 21,660,810 in total, and KRW 105,260,810 in total. The cost of restitution to the store of this case is estimated to exceed KRW 70,110,000, and the Defendants are ordered to order the Plaintiff to leave the store of this case, and unpaid rent and unpaid fee.

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