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(영문) 의정부지방법원 2017.12.21 2016가단127497
건물명도
Text

1. From 30,00,000 to 5,500,000, the Plaintiff from the Defendant, from June 1, 2017 to the delivery date of the building indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Defendant concluded a lease agreement with D, who was the former owner of a 193.12 square meters of 193.12 square meters of 241.40 square meters of 3 stories, 241.40 square meters of 4 stories, 241.40 square meters of 4 stories, 205.36 square meters of 5 stories of 5 stories of 5 stories of the instant building (hereinafter “instant building”), on the part of the instant building, the lease deposit for the part of the instant building was KRW 70,000,000.

B. After December 17, 2013, the Plaintiff acquired ownership by winning a successful bid for the instant building in the process of voluntary auction of real estate.

C. On February 1, 2014, between the Defendant and the Plaintiff, the Plaintiff set the lease deposit amount of KRW 70,000,000 for the first floor of the instant building, and KRW 5,400,000 for the monthly rent of KRW 5,940,00 for the first floor of the instant building, excluding the management expenses, as KRW 5,940,000 for the second floor of February 2014;

From February 1, 2014 to January 31, 2017, when concluding a lease contract, the Defendant paid the Plaintiff KRW 30,000,000 as a deposit for lease, and if the Defendant does not delay the rent until the termination of the lease contract, the Plaintiff returned KRW 70,000 to the Defendant as a deposit for lease, and if the rent is overdue on three or more occasions, the amount of KRW 40,00,000 out of the above KRW 70,000 shall not be refunded, and the management expenses and value-added tax shall be paid separately, and the public management expenses and value-added tax shall be paid as KRW 440,00 per month.

(hereinafter referred to as “instant lease agreement”) D.

On July 1, 2014, the Plaintiff sought removal of various facilities, such as air conditioners, installed in the second floor of the instant building, from the Defendant, and sent content-certified mail to the Defendant to the effect that the Plaintiff was in arrears.

E. Even after the Plaintiff’s delay, the Plaintiff submitted to this court a copy of the instant complaint stating the termination of the instant lease agreement on the ground of the rent delay, as the Defendant did not delay the rent from April 2016 to June 2016 and October 2016.

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