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(영문) 서울중앙지방법원 2017.09.19 2017가단5078007
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) 11,20,000 won and from April 7, 2017.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition [based on recognition: the fact that there is no dispute, the entries in Gap evidence 1 and 2, and the purport of the whole pleadings] (1) On October 28, 2016, the plaintiff entered into a lease contract with the defendant as to the buildings listed in the attached list owned by the plaintiff (hereinafter "the building of this case") in the attached list owned by the plaintiff on October 28, 2016, with the defendant as to the lease deposit amount of KRW 20,000,000,000 for monthly rent of KRW 290,000 for value-added tax (excluding value-added tax of KRW 290,000), management expenses (excluding value-added tax of KRW 40,00), the last day of each month from November 7, 2016 to November 6, 2018, and around that time, the building of this case was delivered to the defendant.

(2) On December 7, 2016, the Defendant delayed payment of the value-added tax on monthly rent and management expenses for three months from January 7, 2017 to April 6, 2017, and the total amount of 11,220,000 won of value-added tax on the monthly rent and management expenses for three months from April 6, 2017. Accordingly, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in payment for two or more periods of rent, and the said notification reached the Defendant around that time.

(3) The defendant has used and possessed the building of this case as an office until now.

B. According to the above facts of recognition, the instant lease contract was terminated by the Plaintiff’s notice of termination as of April 10, 2017, on the ground that the Defendant was at least two vehicles in forest land.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the amount calculated by applying the ratio of KRW 11,220,000 to the sum of the overdue rent, management fee, etc. for three months from January 7, 2017 to April 6, 2017, and the amount of money calculated by applying the ratio of KRW 3,630,00 per month from April 7, 2017 to the completion of delivery of the instant building.

2. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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