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(영문) 서울중앙지방법원 2016.04.07 2015가단5329855
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Description 1, 2, 3, 4, and 1 of the Schedule No. 2 attached to the real estate listed in the Schedule No. 1.

Reasons

1. Basic facts

A. On November 2, 2010, the Plaintiff (Lessor) and the Defendant (Lessee) concluded a short-term facility lease agreement (hereinafter “instant lease agreement”) with the same content since the construction of the building listed in the attached Table 1 (hereinafter “instant building”).

o Deposit KRW 850,000 (Advance payment) 850,000 (Advance payment) o Management Fee of KRW 70,000 (Advance payment): The contract is automatically extended if it is paid o monthly from November 6, 2010 to February 5 (3 months) 2011.

o Public imposts (electric or gas) shall be borne by the lessee according to the quantity of use.

B. While the contract was renewed due to the Defendant’s payment of monthly rent and management expenses upon the expiration of the contract term, the Defendant unpaid monthly rent and management expenses for August 2015 and September 201, and unpaid KRW 265,030 of public charges.

C. Accordingly, the Plaintiff terminated the instant lease agreement on September 8, 2015.

[Ground of recognition] Facts without dispute, the purport of the whole pleadings in Gap evidence Nos. 1-3

2. According to the above facts finding as to the cause of the claim, the lease contract of this case is deemed to have been terminated due to the Defendant’s second-time arrears. As such, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay the Plaintiff the unpaid monthly rent, management expenses and public charges (=265,030 x 265,030) and the total amount of monthly rent, management expenses and public charges for August 2015 (=920,000 265,030 x 1/2) and the total amount of 1,052,515 won (i.e., 920,000 x 1/2) from August 6, 2015 to September 6, 2015, 1,05 0% of the annual rent, management expenses and public charges from September 6, 2015 to September 1, 205, 2015 to October 15, 2015.

The plaintiff is each of the above.

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