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(영문) 수원지방법원 안산지원 2018.10.24 2017가단17948
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real property D-dong one story listed in the attached list, the indication of the attached Form No. 1, 2, 5, 6, 14, 1.

Reasons

1. Facts of recognition;

A. On April 5, 2016, the Plaintiff: (a) connected the Defendant with each point in the attached Form 1, 2, 5, 6, 14, and 1 among the real estate D, listed in the attached Table list, the lease deposit amounting to KRW 32.5 million; (b) monthly renting KRW 3.255 million; (c) the lease deposit period from May 31, 2016 to May 30, 2018; (d) the contract history of KRW 90kmW (from February 1, 2017 to 70km); and (e) the maintenance expenses of KRW 100,000 per month; and (e) the lessor determined that the lessor leased the leased building at the floor, the water supply facility in the factory, the electrical construction, the floor width of the leased building, and the tidal wave.

(hereinafter “instant lease agreement”). B.

The Defendant paid the Plaintiff KRW 25,00,00 in total, including KRW 3,575,00 on July 29, 2016, KRW 7,150,00 on February 15, 2017, KRW 14,300,000 on April 28, 2017, and KRW 25,025,00 on January 31, 2017, the Plaintiff and the Defendant set off the Defendant’s gold repair cost of KRW 1,815,00 on January 31, 2017, see the Plaintiff’s gold repair cost of KRW 1,815,00, KRW 3-1, and the Plaintiff’s rent claim.

C. On September 14, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Defendant was not delinquent for at least two years, and this reached the Defendant on the 15th of the same month.

The Plaintiff asserted that the Defendant had the right of retention on December 9, 2017, when the rent, etc. was overdue, and carried out locks at the entrance of the instant building.

E. The sum of rent to be paid by the Defendant to the Plaintiff until September 30, 2017, and the sum of unlawful gains, management fees, electricity fees, etc. is KRW 62,193,768.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 10, 11, Eul evidence 1 (including additional numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was terminated on or around September 15, 2017, and the Plaintiff was unable to use the instant building from December 9, 2017.

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