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Reasons
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(영문) 수원지방법원안양지원 2017.05.18 2016가단9931
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the second floor of 535.2 square meters, 462.6 square meters, among the real estate listed in the attached list, to the third floor;

(b) on April 2017;

Reasons

1. Determination as to the cause of claim

A. On July 25, 201, the Plaintiff leased the instant real estate to the Defendant by setting the deposit amount of KRW 75,00,000, monthly rent of KRW 7,500,000, and the lease period from September 20, 201 to September 19, 2013; thereafter, the said lease was renewed on September 19, 2013 and renewed on September 19, 2015; the Plaintiff and the Defendant agreed to increase the rent of KRW 7,80,000 from January 20, 2014 to KRW 7,80,000 as the monthly rent and management fee; the Defendant delayed the service of a copy of the complaint of this case; the Defendant’s delayed payment of rent and management fee from March 27, 2017 to KRW 84,694,731 through 307,300,000 among the parties to each lawsuit; or the Defendant paid it to the Plaintiff as the whole.

B. According to the above facts, the above lease agreement between the plaintiff and the defendant was lawfully terminated by the delivery of a copy of the complaint of this case, which included the defendant's declaration of termination on the grounds of the rent delay.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the following overdue amounts, calculated by the ratio of KRW 7,800,000 per month, which is the amount equivalent to the benefits earned by the Defendant from April 7, 2017 to the completion date of delivery of the said building, which is the amount equivalent to the benefits earned by the Defendant from April 7, 2017 to the completion date of delivery of the said building.

From March 28, 2017 to April 6, 2017, the rent and management expenses in arrears: 2,564,380 won (i.e., KRW 7,80,000 to KRW 12/365x 10 days, KRW 87,259,113 won ( KRW 84,694,733 won, KRW 564,380) under the instant lease agreement from March 27, 2017 to March 6, 2017: KRW 2,564,380; and KRW 12/365x 10 days; KRW 87,259,113 ( KRW 84,694, KRW 733 won; KRW 564,380); and Defendant paid KRW 75,00,000 to Defendant on March 31, 2017; KRW 10,000; KRW 135,2950

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