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(영문) 서울중앙지방법원 2014.10.02 2013가단5109927
건물명도
Text

1. The Plaintiff (Counterclaim Defendant)’s claim on the instant principal lawsuit and the Defendant (Counterclaim Plaintiff)’s claim on the instant counterclaim are dismissed.

Reasons

1. Basic facts

A. The plaintiff, C, and D shared the ground buildings of Gwanak-gu in Seoul Special Metropolitan City.

B. On June 11, 2012, C leased a deposit of KRW 60,00,000 (hereinafter “instant building”) among the 1st floor of the said building to the Defendant, with the term of KRW 20,000,000 per month rent of KRW 2.5 million (prepaid on June 11, 2012), and the term of lease from June 11, 2012 to June 11, 2014, upon the special agreement, C paid a deposit of KRW 20,000 to the lessor by September 13, 2012, on the unpaid deposit amount of KRW 1.50,000 per month.

(hereinafter “instant lease agreement”). C.

On the other hand, around July 15, 2013, C sent a written notice to the Defendant that the instant lease contract will be terminated on the grounds that the Defendant did not pay the security deposit and that it was overdue from December 2012 to July 2013.

After that, the defendant, around September 1, 2013, moved a part of the building of this case to the director with the disposition of tax base calculation.

E. However, around September 11, 2013, the Plaintiff and C arbitrarily obstructed the entrance of the instant building, and subsequently removed the instant building on or around September 13, 2013.

F. Meanwhile, the Plaintiff, while keeping the goods remaining in the instant building, was willing to send such goods to the Defendant’s place of directors. However, the Defendant rejected this.

[Ground of recognition] Facts without dispute, Gap 1, 3 through 6 evidence, Eul 2 through 4 evidence (including provisional number; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the assertion is that the Defendant did not pay KRW 3.6 million in total, which is KRW 4 million per month from December 2, 2012 to August 2013 under the instant lease agreement (the monthly rent of KRW 1.5 million by a special agreement).

In addition, even though the Defendant agreed to bear the water rate of 1/2 with the lessor, the water rate of 85,845 won was unpaid for four months.

Therefore, the defendant should pay KRW 3,685,845 to the plaintiff.

B. The judgment of the Plaintiff is based on the instant lease agreement.

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