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(영문) 서울중앙지방법원 2016.11.11 2016가단5021349
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C, D, and the first floor of the instant building, which is the owner of the building listed in the separate sheet (hereinafter “instant building”), as to approximately 60 square meters (mutually referred to as “E”; hereinafter “instant store”) of deposit 10 million won, monthly rent 80,000 won (value-added tax classification), management expenses (value-added tax classification), and period from November 1, 2012 to October 31, 2017 (hereinafter “instant lease”).

B. On July 7, 2014, the Plaintiff entered into a contract with C and D to purchase the instant building with the Seocho-gu Seoul Metropolitan Government Fro 307.5 square meters and the instant building with the said land in KRW 3.2 billion.

C. The Defendant delayed payment of KRW 8,80,00 (1.1 million x 8) for the aggregate of the rent and management expenses for April 2013, 2013, the portion for October 2013, the portion for which November 2013, the portion for which December 2, 2013, the portion for which January 2, 2014, the portion for which January 2014, the portion for which payment was made, the portion for which payment was made, and the portion for which payment was made on August 2014.

On September 29, 2014, the Plaintiff deducted deposit of KRW 83,700,00,000 calculated as follows, from the balance of KRW 1,580,000,000, and paid the remainder of KRW 1,496,30,000.

The Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant building, etc. on the same day, and succeeded to the lessor status.

① Total amount of KRW 112,00,000 for the obligation to return the deposit to the lessee of the instant building. ② The amount of KRW 28,300,000 for the claim on overdue rent and management expenses as of September 29, 2014, including the Defendant’s overdue rent of KRW 8.8 million for the foregoing overdue rent of KRW 28,300,000, ③ KRW 112,000-28,30,000 =83,70,000 for the claim on overdue rent and management expenses.

E. On March 8, 2016, the Defendant paid 9.9 million won, including the above overdue rent and management expenses, to the Plaintiff, after the Plaintiff succeeded to the status of the lessor of this case.

[Ground of recognition] Facts without dispute, Gap's 1 to 9 evidence, Gap's 1 to 3 evidence, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The plaintiff's summary of the argument is the defendant's tea.

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