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(영문) 서울중앙지방법원 2016.11.10 2015가단197503
건물명도등
Text

1. The defendant shall receive KRW 463,741,225 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On April 25, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit amount of KRW 470,00,000, monthly rent of KRW 1,700,000, and the lease term of KRW 27,000 from April 27, 2013 to April 26, 2015 with respect to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”).

B. On July 12, 2013, the Defendant completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the instant real estate as the Seoul Western District Court’s Yongsan Branch’s Office of Registration No. 24296, the deposit money of KRW 470,000,000; the term of existence until April 26, 2015; and the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”).

C. From April 2015, the Defendant paid the Plaintiff KRW 1,400,000 as monthly rent. D.

Although the instant lease contract was renewed after the expiration of the lease term, the Defendant was in arrears for August 2, 2015 and for September 2, 2015, and the Plaintiff notified the Defendant that the instant lease contract was terminated on October 2, 2015 on the grounds that the rent was overdue at least twice.

E. On April 27, 2016, the Defendant handed over the instant real estate to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-2 evidence, the purport of the whole pleadings

2. Determination

A. According to the fact that the instant lease agreement was terminated, the instant lease agreement was lawfully terminated on October 2, 2015, following the Defendant’s second arrears on the following occasions.

B. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff a total of KRW 17,391,930 [=the unpaid amount of KRW 6,203,225 in the cost of restoring to the original state, KRW 7,975,00 in the cost of restoring to the original state, KRW 66,930 in the cost of urban gas fee on June 2016 (=the amount of KRW 40,000 in the apartment vehicle entrance card 10,000 in the key of KRW 40,00 in the 10,000 electronic key, KRW 30,000 in the 30,00 electronic key, KRW 60,000 in the 20,000 in the 20,000 in the 120,000 square meters in the 20,000)].

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