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(영문) 서울동부지방법원 2016.02.04 2015가단32067
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On January 28, 2015, the Plaintiff leased 65 square meters of the instant building owned by the Plaintiff to the Defendant as KRW 30,000,000, monthly rent, KRW 3,000,000, and the lease period from January 1, 2015 to December 31, 2015, and the following provisions were included in the contract made at the time:

Article 2 Rent and Maintenance Expenses

2. The management expenses shall be the sum of the basic fees (10,00 won per month) and the actual cost (10,000 won for electricity, water supply and drainage fees, common electricity, water supply and sewerage charges charges, fuel cost, alternative repair charges, and other charges) and shall be calculated monthly according to the criteria determined by the Plaintiff.

4. The rent and management expenses for the current month shall be calculated pursuant to paragraphs 1, 2, and 3 of this Article and the sum of value-added taxes shall be claimed to the defendant.

7. In the event that the defendant fails to pay the rent and management fee, the plaintiff may suspend the use or supply of common facilities, electricity, waterworks and gas in the building for the purpose of collecting the delinquent amount, and even in this case, the defendant may not raise an objection against cargo, etc., and the rent and management fee may not be reduced or exempted even for the period during which the defendant cannot actually use his store due to the measure

B. The Defendant did not pay to the Plaintiff the rent, management fee, and value-added tax for KRW 23,193,580 up to July 2015. However, each of the KRW 2,000,000 and KRW 5,000,000 on September 8, 2015 and on November 25, 2015.

C. The Defendant, from the above lease to the time of the closing of argument in the instant case, has occupied and used the instant building part while doing business with the trade name “C”.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-4-2, 8, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, since the lease has expired, the defendant delivered the part of the building of this case to the plaintiff, and ② as the rent, management fee, and value added tax for it up to July 2015 = 14,193,580 won = 23,193.

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