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(영문) 서울중앙지방법원 2017.04.19 2016가단5289183
건물명도
Text

1. The Defendant is from the Plaintiff at KRW 19,743,97, and from March 21, 2017, the total two floors among the real estate listed in the separate sheet shall be 19,743,97 square meters.

Reasons

1. Facts of recognition;

A. On March 16, 2016, the Plaintiff agreed to provide the Defendant with a deposit of KRW 100,000,000, monthly rent of KRW 13,045,00, monthly rent of KRW 13,285,000, monthly management fee of KRW 16,30,000 (including value-added tax and value-added tax, KRW 17,963,000,00, KRW 16,30,000, monthly management fee of KRW 3,285,000, and KRW 16,30,000 (including value-added tax and value-added tax, KRW 17,963,00,00, and KRW 18,200, monthly rent of KRW 16,300,00, and KRW 300,000, respectively, to pay the lease period of KRW 201,26,201.

B. By November 20, 2016, the Defendant did not pay the Plaintiff KRW 53,889,000 in total for three months of the rent and management fee (i.e., KRW 17,963,00 x 3) and the total of KRW 4,920,270 in total, and KRW 58,809,270 in total, and the Plaintiff demanded the Defendant to pay monthly rent, etc. on several occasions until November 2016. The Plaintiff filed the instant lawsuit and filed the instant lawsuit to urge the Defendant to pay monthly rent, etc., and the duplicate of the instant complaint containing the declaration of intent to terminate the said lease was delivered to the Defendant on December 12, 2016.

C. As of March 20, 2017, the Defendant paid a part of the rent to the Plaintiff. As of March 20, 2017, the sum of monthly rent and monthly management expenses or the amount of unjust enrichment corresponding thereto, which the Defendant delayed, is KRW 71,852,00, and the sum of the unpaid electricity charges is KRW 8,404,003.

The Defendant continues to occupy and use the instant real estate until the date of closing the argument in this case.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence Nos. 1 through 5 (including the branch numbers), the purport of the whole pleadings

2. According to the above findings of the determination, the above lease contract was lawfully terminated when a duplicate of the complaint of this case containing the intent to terminate the above lease contract on the ground of the defendant's delinquency in rent, etc. was delivered to the defendant.

A lessee at the time of termination of a lease contract.

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