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(영문) 서울중앙지방법원 2016.09.30 2015가단5021380
건물명도 등
Text

1. As to KRW 64,242,587 and KRW 27,469,142 among the Plaintiff, the Defendant shall be from December 1, 2014 to March 18, 2015.

Reasons

1. Basic facts

A. On April 15, 2013, the Plaintiff and the Defendant determined the lease deposit amount of KRW 100 million from April 28, 2013 to April 27, 2016, the amount of KRW 2,299,400,00 (excluding value-added tax) with the content that the Defendant shall pay the overdue interest rate of KRW 20,000 per annum in addition to the lease deposit amount of KRW 380,07 square meters (hereinafter “instant real estate”) among the 16th floor buildings in Gangnam-gu Seoul, Seoul, the 15th floor among the buildings with the 16th floor buildings of the 16th floor (hereinafter “instant real estate”). However, the Plaintiff concluded a lease agreement that the Defendant shall pay the overdue interest rate of KRW 20,00,00 from April 28, 2013 to April 27, 2016 (hereinafter “instant lease agreement”).

B. The Defendant had operated the hospital in the name of “C” from the date following the conclusion of the instant lease agreement. From January 2014 to July 2014, the Defendant did not pay rent, management fee, etc. at all.

(2) From August 2014 to Nov. 2014, 2014, part of the instant real estate was sub-leaseed to D Council members by agreement between the source and the Defendant, and the rent and management fee was reduced).

Accordingly, on November 19, 2014, where the Plaintiff did not pay the overdue rent, etc. to the Defendant by November 30, 2014, the Plaintiff would terminate the instant lease contract on the ground of the overdue rent for at least two years.

“The document stating the purport was sent by content-certified mail, and the document was delivered to the Defendant on November 20, 2014.

As of November 30, 2014, the sum of rent, management fee, electricity fee, water fee, delay damages, etc. that the defendant did not pay is KRW 148,285,919, and the detailed details are as shown in the attached Table.

E. Meanwhile, the Defendant paid the Plaintiff KRW 9,50,000 on January 10, 2015, and KRW 12,192,645 on February 9, 2015, respectively, and handed over the instant real estate on March 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 2, 4, 5, 10, 11-2, and the purport of the whole pleadings

2. The facts of the determination as to the cause of the claim.

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