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(영문) 인천지방법원 2018.12.20 2018가단12567
건물명도등
Text

1. From October 1, 2018 to 17,960,400 won from the Plaintiff, the Defendant shall attach the attached Form 92.59 square meters from the 17,960,400 square meters to the 1st floor of the building indicated in the attached

Reasons

1. Facts of recognition;

A. On January 1, 2013, C entered into a lease agreement with the Defendant on a two-year basis with regard to lease deposit amounting to KRW 15,00,00, monthly rent of KRW 70,00 (excluding value-added tax), monthly rent of KRW 700,00 (excluding value-added tax) and KRW 700,000 (excluding value-added tax) on January 1, 2013, which are attached Table 2, 3, 4, 5, 6, 7, and 2, in order to connect each point of (2), 3, 3, 4, 3, 6, 7, and 2, in the list of the 1st floor of a building listed in the attached Table.

(hereinafter “instant lease agreement”). B.

C On December 31, 2014, the Defendant entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 3,000,000, monthly rent of KRW 40,000 (excluding value-added tax), and from January 1, 2015, to December 31, 2017, with respect to the portion of KRW 96.1 square meters in the attached Form (i), which was connected in order to each point of the 96.1 square meters in the underground floor of a building listed in the attached Table 96.1 square meters in the attached Table, with the Defendant as of December 31, 2017.

(hereinafter “instant lease agreement”). C.

The Plaintiff purchased a building including the first and second parts of the instant building from the lessor C, and completed the registration of ownership transfer on August 21, 2015, and succeeded to the lessor C’s status.

From January 2017, the Plaintiff and the Defendant agreed to increase the monthly rent of the instant 1 and 2 by 9%. Accordingly, the sum of the monthly rent of December 2016 was KRW 1,210,00 (including value-added tax) and the sum of the monthly rent from January 2017 was KRW 1,318,90 (including value-added tax).

E. The monthly rent that the Defendant paid from January 2016 to September 30, 2018 is as follows:

(1) A total of 2016: 13,310,00 won (i,210,00 won (i,210,000 won x 12) - 13,310,000 won x 12) - 6,050,000 won for the total of 2017: 20 won for the total of 2017: 6,210,000 won on January 2, 2017; 27, 27,210,000 won on February 27, 2017; 3,630,000 won on May 10, 2017 (i, 9,76,80,15,826,800 won) - 1,318,000 won on the total of 13,310,000 won on the basis of x 316,2018

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