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(영문) 서울서부지방법원 2015.04.15 2014가단243671
건물명도
Text

1. The defendant is against the plaintiffs:

(a) order the buildings listed in the separate sheet;

B. 606,397 Won and its equivalent October 2014

Reasons

1. Facts of recognition;

A. The Plaintiffs are the owners of the buildings listed in the separate sheet (hereinafter “instant building”).

The plaintiffs asserted that, on October 23, 2013, the claim of this case is unjustifiable on the ground that the defendant and the defendant leased the building of this case to the defendant the lease deposit of KRW 30,000,000, monthly rent of KRW 2,800,000 (excluding rent of KRW 2,80,000), management fee of KRW 20,000 (excluding rent of KRW 200,00), and the lease term of KRW 1 year from November 11, 2013, the lease term of the building of this case is set as one year from November 1, 2013. However, there is no evidence to acknowledge such fact, and the subject of the obligation under the lease

AB concluded the agreement.

B. As of August 31, 2014, the Defendant’s payment of rent, etc. under the above lease agreement is KRW 30,606,397, the sum of the monthly rent, etc. to be paid as of August 31, 2014.

The plaintiffs sought several orders for the payment of the plaintiffs and the order of the building of this case, and the defendant prepared a letter of response, but still failed to comply with it.

Accordingly, the plaintiffs terminated the above lease contract on the grounds of the payment of the above rent, etc., and agreed to offset the deposit deposit of KRW 30,000,000 against the above unpaid monthly rent, etc. by the delivery of a copy of the complaint of this case. The copy of the complaint of this case was served on the defendant on October 16, 2014.

C. The defendant has occupied the building of this case so far.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9

2. According to the above facts of recognition, the defendant ordered the plaintiffs to order the building of this case, and calculated at the rate of 606,397 won, such as the unpaid monthly rent, etc. from offset against the rental deposit to August 31, 2014, as the plaintiff seeks, 5% per annum as stipulated in the Civil Act from October 17, 2014 to April 15, 2015, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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