(영문) 수원지방법원 2015.10.21 2014가단50827

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(영문) 수원지방법원 2015.10.21 2014가단50827

건물명도 등

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1. The Defendant (Counterclaim Plaintiff) received KRW 19,354,839 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. On May 9, 2013, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant building”) to the Defendant with the lease deposit of KRW 30,00,000,000, monthly rent of KRW 1,000 (prepaid, monthly payment on 15,00,000, and additional tax), and the lease term was determined from July 15, 2013 to July 9, 2016, the delivery date.

(hereinafter “instant lease agreement”). B.

The defendant from July 15, 2013 to the same year

9. up to 15. Around October, 2015, the Plaintiff engaged in the business of selling skins and headings in the instant building. From October 2013 to October 2013, the Plaintiff declared to the Defendant that the instant lease agreement will be terminated upon the delivery of the duplicate of the instant complaint.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the main claim

A. According to the facts of the determination on the request for delivery of a building, the instant lease agreement was lawfully terminated around September 3, 2014, on the grounds that it is evident that it is the delivery date of a copy of the complaint of this case by the Plaintiff’s declaration of intention to terminate the contract on the grounds of two or more lease periods for the Defendant. Therefore, the Defendant is obligated to deliver the building of this case to the Plaintiff, barring any special circumstances.

B. According to the facts found in the judgment on the claim for overdue rent, etc., the Defendant did not pay the rent for 20 days from October 2013 to September 3, 2014, since the instant lease contract was terminated by October 3, 2014, the Defendant is obligated to separately pay the Plaintiff the rent for 10,645,161 won [from October 15, 2013 to July 14, 2014 (from October 15, 2013 to August 14, 2014). However, the Defendant is obligated to separately pay the rent for 20 days from August 15, 2014 to September 3, 2014 (i.e., KRW 1,00,0000 x value-added tax x value-added tax 20/31, value-added tax x below 20/31).

Meanwhile, from August 15, 2014 to the completion date of delivery of the instant building, the Plaintiff KRW 1,00,000 per month.

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