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(영문) 대구지방법원 2017.10.24 2017가단9746
건물명도등
Text

The Defendant

(a) deliver one story 360.24 square meters of real estate listed in the attached list;

B. From November 1, 2016, the foregoing.

Reasons

1. Basic facts

A. As the owner of the real estate indicated in the attached list, the Plaintiff entered into a lease agreement with the Defendant on August 1, 2016 regarding the lease deposit of KRW 30,00,000, and the lease term of KRW 2,600,000 for the first floor (hereinafter “instant real estate”) from August 1, 2016 to July 31, 2018, and the rent of KRW 2,60,000 for the month from August 1, 2016 to July 31, 2018 (Additional Tax, but the rent of KRW 2,40,000 for the year 8,9,000,000 for the management expenses, monthly 60,000,000 (Additional Tax), electricity charges, and sewerage charges (hereinafter “instant lease agreement”).

B. On August 22, 2016, the Defendant paid 7,000,000 won out of 30,000,000 won for lease deposit and did not pay the remainder of the deposit. The Defendant paid 2,40,000 won for rent for August 2, 2016 (additional tax) for the same year.

8.10. Management expenses, 660,000 won and maintenance expenses, 73,902 won and expenses for the same year; and

8. The payment was made in 26. 26. 9. 9. 2,640,000 for rent, 660,000 for management expenses, and 412,314 for maintenance expenses.

9. The payment was made in 29.20. The rent of 2,640,00 on October 2016, the management fee of 660,000, the maintenance cost of 269,414 won was paid on November 8, 201. However, the rent, management fee, and maintenance cost of 2,640,00 won was not paid on November 2016.

C. Accordingly, the Plaintiff demanded that the Defendant pay KRW 23,00,000,000 for the unpaid lease deposit on December 27, 2016 to the Defendant by December 31, 2016, the Defendant promised to pay the Plaintiff the unpaid amount of rent and management fee up to January 13, 2017, and the unpaid lease deposit up to January 20, 2017, but failed to comply therewith.

On February 20, 2017, the Plaintiff sent to the Defendant a certificate of content that the contract is terminated on the ground that the Plaintiff was in arrears for more than two years, and the above certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement is the Plaintiff’s above.

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