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Reasons
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(영문) 수원지방법원성남지원 2015.01.08 2014가단2036
건물인도 등
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1. The defendant shall receive KRW 10,700,740 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 8, 2013, the Plaintiff, the owner of the instant real estate, leased the instant real estate to the Defendant on condition that the lessee restores the leased property to its original condition without recognizing the lease deposit amounting to KRW 100 million, KRW 500,000 per month, KRW 100,000 per month, KRW 10 per month, and KRW 10% per month, and KRW 30,000 from March 31, 2013 to March 30, 2015, and KRW 50,000 from March 31, 2013 to KRW 30,00

(hereinafter “instant lease agreement”). B.

The Defendant occupied and used the instant real estate while operating a restaurant with the trade name of “C” and delayed the payment of rent from July 1, 2013, and caused the overdue rent to exceed two rents.

Therefore, although the Plaintiff urged the Defendant to pay the unpaid rent by content-certified mail, the Plaintiff notified the termination of the instant lease agreement by the instant lawsuit that the Defendant did not comply with, and a duplicate of the complaint was served on the Defendant on February 6, 2014.

C. The Defendant, by June 30, 2014, operated the above restaurant and used and profit from the instant real estate. The unpaid electricity charges, urban gas charges, and water charges up to that time are the total amount of KRW 9,439,260 (=2,612,010 + 5,267,930 + 1,559,320).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 9-1, 2, Eul evidence 2, Eul evidence 4-1 through 11, each of the statements and images, and the purport of the whole pleadings

2. In full view of the facts admitted above and the defendant's simultaneous performance defense, the defendant's total amount of 7,9860,000 won [5,50,000 won + 5,50,000 won + 00,000 won + 16,050,000 x 0.10 x 0.12] and unpaid electricity charges, urban gas charges, and water supply charges total of 9,439,260 won.

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