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(영문) 제주지방법원 2020.01.22 2018나13561
건물명도(인도)
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

Reasons

1. In the first instance court, the Plaintiff claimed the payment of management expenses from September 16, 2018 to September 16, 2018 for the delivery of each of the instant stores. The first instance court accepted only the above extradition request, and dismissed the above management expenses on the ground that it does not need to claim in advance for the payment of the management expenses.

As the defendant appealed, the scope of the trial of this Court is limited to the claim for delivery of each of the above stores.

2. Basic facts

A. After purchasing each of the instant stores on June 17, 2015 and completing the registration of ownership transfer on July 9, 2015, the Plaintiff concluded a lease agreement with the Defendant on August 13, 2015, setting the lease agreement with the term from September 1, 2015 to August 31, 2020, with the term of KRW 1.6 million per annum without a lease deposit, and the term of lease from September 1, 2015 to August 31, 2020.

(Management Fee for the use of a store was to be paid by the Defendant, the lessee. (hereinafter “instant lease”). (B)

The defendant is operating a corporation of I which is a corporation at each store of this case.

C. From August 2016, the Defendant delayed the management expenses for each of the instant stores. On January 16, 2017, the C shoppingtel management office (hereinafter “management office”) in charge of the management of the entire sectional ownership building, including each of the instant stores, sent a statement of cooperation to the Plaintiff that requested the Plaintiff to take measures so that the lessee of the relevant store may fulfill his/her duty to pay the management expenses.

On March 7, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated if the Plaintiff did not pay unpaid management expenses by sending a certificate of content to the Defendant.

(hereinafter “instant termination notification”). E.

The details of management expenses that the Defendant failed to pay from August 2016 to March 2017, which was notified of the termination of the instant case, are as follows.

Attached Form

Attached to the real estate listed in the list No. 1.

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