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(영문) 서울남부지방법원 2018.12.13 2018가단237699
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 34,490,004 Won and August 2, 2018, the same shall apply.

Reasons

In light of the overall purport of the pleadings in Gap evidence Nos. 1 through 3, on May 23, 2016, the plaintiff, the owner of the building listed in the separate sheet, did not pay the lease deposit amount of KRW 50 million, KRW 4.3 million per month, KRW 4.3 million per month (excluding value-added tax of KRW 430,000, KRW 1300,000 per month, KRW 130,000 per month, and KRW 130,000 per month), and the lease term from July 1, 2016 to June 30, 2018, and delivered the leased object. However, the defendant did not pay the rent and management fee to be paid on January 1, 2018, the total amount of the rent of KRW 3,110,000 (including value-added tax) and the electricity fee of KRW 300,304,004,00 per year, and the total amount of the electricity management fee of KRW 30304.

There is no counter-proof. According to the above facts, the plaintiff acquired the right to terminate the lease contract of this case on the ground of the defendant's delinquency in payment of rent, and the lease contract of this case was lawfully terminated as a copy of the complaint of this case containing the plaintiff's expression of the above termination is delivered to the defendant. Therefore, the defendant is obligated to deliver the building of this case to the plaintiff upon return of the leased object, and to pay 34,490,004 won (=39,350,04 - 4860,000 won) calculated by subtracting 4,860,000 won for the plaintiff who was repaid after filing the lawsuit of this case from August 2, 2018 to August 2, 2018 (4,330,000 won, value-added tax, 430,000 won, management expenses, and 1330,000 won.

Thus, the plaintiff's claim of this case is legitimate, and it is decided to accept it.

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