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(영문) 수원지방법원 2017.07.07 2016가단49845
건물명도 및 임대료등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 18, 2016, the Plaintiff asserted that: (a) concluded a lease agreement with the Defendant representing D on behalf of D on a monthly basis; (b) electricity rate of KRW 1,00,000; (c) water rate of KRW 240,00; (d) water rate of KRW 10,000; and (e) safety management cost of KRW 25,000; and (c) period of two years; and (d) the Defendant is a substantial lessee who actually operates a factory on the said real estate

Since the Plaintiff terminated the above lease contract on the ground of the Defendant’s delinquency in rent, etc., the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay damages at the rate of KRW 1,275,00 per month, which is the amount equivalent to the unpaid electricity charges of KRW 7,625,00,000, value-added tax of KRW 700,000,000, in arrears, and the unpaid electricity charges of KRW 1,925,00,00, in arrears, from October 5, 2016 to the completion date of delivery of the said real estate.

2. The facts stated in Gap evidence Nos. 1 and 6 alone are insufficient to recognize that the defendant occupied the instant real estate and is a substantial lessee operating the factory, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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