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(영문) 부산지방법원 2018.09.20 2018가단301110
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) Of the buildings listed in the separate sheet, the Attached Map 1, 2, 5, 6 and 1, respectively.

Reasons

1. Facts of recognition;

(1) The buildings listed in the separate sheet are owned by the Plaintiffs at their respective shares of 1/2.

⑵. 원고들은 2017. 2. 1. 피고에게 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 13층 중 별지 도면 표시 ㄱ, ㄴ, ㅁ, ㅂ, ㄱ의 각 점을 차례로 연결한 선내 ㈎부분 680.07㎡와 14층 1304.4㎡ 및 15층 1304.04㎡(이하 ‘이 사건 임차건물’이라 한다)를 ① 임대차보증금 350,000,000원, ② 월 임대료 39,820,000원(부가가치세 별도, 이하 같다), 월 관리비 24,887,500원, ③ 임대차계약기간 2017. 2. 1.부터 2020. 1. 21.까지(협의 시 2년간 연장 가능)로 정하여 임대하였다

(hereinafter “instant lease agreement”). The Plaintiffs and the Defendant agreed to increase the monthly rent of KRW 47,310,00 and monthly management fee of KRW 29,570,00,00 at the time of the instant lease agreement, from March 1, 2017, when the construction of the 13th floor was completed, and when the business license was granted, the construction of the 47,310,000 and monthly management fee of KRW 29,570,00. The Defendant agreed that the contract may be terminated without the Plaintiffs’ peremptory notice if the Defendant did not pay monthly rent and monthly management fee

Secondly, the Defendant is operating the connection sheet and the wedding hall in the name of D from the leased building of this case (hereinafter referred to as the “instant compound”).

x. The Defendant did not pay KRW 66,178,250 of the monthly rent and management fee in September 2017, and KRW 71,178,250 of the monthly rent and management fee in October 2017 (=value 3,982,00 of the value-added tax on the monthly rent in KRW 39,820,00 of the monthly rent and management fee in KRW 24,887,50 of the monthly rent and management fee in KRW 24,48,750 of the value-added tax on the monthly rent in KRW 39,820,00.

(v) the Plaintiffs, by serving a duplicate of the instant complaint on the Defendant, expressed their intent to terminate the lease agreement on the grounds of delinquency in rent and management expenses, and on January 18, 2018, a duplicate of the complaint was served on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

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