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(영문) 대전지방법원 2016.11.09 2016가합1407
건물명도 등
Text

1. The defendant shall pay KRW 4,633,33 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. 1) On May 8, 2012, the Defendant: (a) among the buildings listed in the attached Form C owned by C from May 8, 2012, the leased part of this case is 162.68 square meters per floor (hereinafter “instant leased part”).

) A deposit of KRW 30,00,000, monthly rent of KRW 1,000,000 (prepaid on May 18, 201), and the period from May 17, 2012 to May 17, 2015. The Defendant operated the restaurant from around that time. (ii) The Plaintiff purchased the building attached to the Plaintiff from C on January 16, 2015 and completed the registration of ownership transfer in the future of the Plaintiff on February 26, 2015.

3) On April 25, 2015, the Defendant: (a) determined the lease deposit amount of KRW 30,000,000 for the leased portion of the instant case; (b) KRW 1,000,000 for each month of rent (on June 17, 2015; (c) and the period from May 17, 2015 to May 17, 2016 (hereinafter “instant lease agreement”).

(4) The Plaintiff and the Defendant agreed to terminate the instant lease agreement on April 11, 2016, which is prior to the expiration date of the lease term, on the following grounds: (a) the terms and conditions of the instant lease agreement: (b) the lessee may terminate the contract by giving prior notice to the lessor at least one to two months prior to the expiration date; and (c) in this case, daily calculation and settlement shall be made on a monthly basis.

At the time, the Plaintiff paid to the Defendant the remainder after deducting some of the rent from KRW 30,00,000 to the expiration date of the lease term, and the Defendant calculated the monthly rent of KRW 1,00,000,000 to KRW 144,860 from the monthly rent of KRW 30,000 to KRW 144,860, and the electricity fee of KRW 28,85,140 on a regular basis, and issued a settlement statement (Evidence 4) to the Plaintiff.

5) On August 31, 2016, the Defendant delivered the leased portion of the instant case to the Plaintiff. [The grounds for recognition] The fact that there is no dispute, and each entry in the evidence Nos. 1 through 4 (tentative number).

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