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(영문) 서울중앙지방법원 2016.09.21 2015가단5028572
건물명도
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 8,767.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 12, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) the lease deposit KRW 40,000,000, monthly rent of KRW 350,000 (Separate Payment on the 15th of each month, Additional Tax), management expenses of KRW 400,000 (Additional Tax), from August 15, 2013 to August 14, 2015, the lease period of KRW 103 and 104 (hereinafter “instant building”).

B. The Defendant did not pay the monthly rent that occurred after July 15, 2014 among the monthly rent under the instant lease agreement.

C. On January 7, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of a tea, and accordingly, the instant lease agreement was terminated on January 14, 2015.

After that, the Plaintiff refused to deliver the instant building, and the Defendant filed the instant lawsuit against the Defendant seeking delivery of the instant building, and the Defendant delivered the instant building to the Plaintiff on August 15, 2015, where the instant lawsuit is pending.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 9, Eul evidence 4, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion is obligated to pay to the plaintiff 20,824,870 won (40,000,000 won - 26,563,592 won - 27,300,000 won for overdue rent and delay delay damages, or 27,30,000 won for restitution, and 6,961,278 won for restitution, from which 40,000 won for lease deposit under the lease contract of this case is deducted from 26,563,592 won - 27,30,000,000 won - 6,961,278 won) and delay damages.

B. According to the fact that the Defendant did not pay monthly rent from July 15, 2014 under the instant lease agreement to January 14, 2015 when the instant lease agreement was terminated, and the Defendant did not pay monthly rent from July 14, 2015.

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