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(영문) 서울중앙지방법원 2017.11.23 2017가단5057932
건물명도(인도)
Text

1. The defendant

A. Of the underground rooms of the real estate listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, 7, 8, 9.

Reasons

1. Basic facts

A. On February 24, 2010, the Plaintiff entered into a lease agreement with the Defendant on the leased area of 71.7 square meters (including the common area) of the underground floor among the real estate listed in the separate sheet (hereinafter “instant building”) with the Defendant, by setting the lease period from March 1, 2010 to February 29, 2012, to a deposit amount of 4.5 million won, monthly rent of 3.2 million won, from March 1, 2010 to February 29, 2012. At the same time, the Plaintiff received the deposit from the Defendant from the Defendant and delivered the above leased area to the Defendant on February 29, 2012; the lease period was increased to KRW 3.5 million from March 1, 2012 to February 29, 2014; and the said contract was renewed by setting the lease period from March 1, 2012 to February 29, 2014.

(hereinafter referred to as “instant lease agreement”). B.

The Defendant operated the PC at the 231.69 square meters inside the ship, which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 11 in sequence, and the Plaintiff continued to use the PC even after the lease contract of this case.

C. On May 26, 2015, the Defendant operated the PC at the instant store, resulting in water leakage due to the breakdown of the first floor septic tank of the instant building, and the wastewater was discharged into the instant store.

(hereinafter “instant accident”). D.

Accordingly, on the same day, the Plaintiff entered into a service contract for the collection and treatment of excreta with a company specializing in entertainment environment and prevented the leakage of sewage by cleaning the aforesaid septic tank, completed the repair of the septic tank on the 27th of the same month, and entrusted the company specialized in smell removal to perform the smell removal work of the instant store on June 11, 2015, and exempted the Defendant from the obligation to perform the smell removal work of the instant store on June 2015.

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