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(영문) 대구지방법원 2015.08.04 2014가단57942
건물명도,월임료등
Text

1. The defendant shall be the plaintiff.

(a) deliver 234.2 square meters of the 2nd floor office among the real estate listed in the attached Table 1 list;

(b) March 2015;

Reasons

1. Basic facts

A. On February 15, 2014, the Plaintiff (Lessee) and the Defendant (Lessee) concluded a lease agreement stipulating that the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,800,000 for the second floor office (hereinafter “instant real estate”) among the real estate listed in the attached Table 1 attached hereto owned by the Plaintiff (hereinafter “instant lease agreement”) shall be from February 15, 2014 to February 14, 2016, and the lease agreement stipulating that the term of lease shall be from February 15, 2014 to February 14, 2016 (hereinafter “the lease agreement”).

B. At that time, the Defendant paid KRW 10,000,000 to the Plaintiff, and received the instant real estate from the Plaintiff, and occupied and used the instant real estate as an entertainment tavern by the closing date of the argument in the instant case.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. After the Plaintiff’s assertion was leased the instant real estate, the Defendant did not pay the monthly rent after September 15, 2014, and the Plaintiff did not pay the land and building entertainment tax amounting to KRW 16,658,070 (including additional charges of KRW 184,40) on November 12, 2014.

Accordingly, on November 21, 2014 and December 1, 2012 of the same year, the Plaintiff terminated the instant lease agreement by sending to the Defendant each proof of performance peremptory notice and termination of the contract.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the monthly rent and the amount equivalent to the monthly rent from September 15, 2014 to the time of delivery of the instant real estate, and the remainder of 6,658,070 won after deducting the instant lease deposit from the amount of the entertainment tax paid in substitute, and the delay damages.

B. Determination 1: (a) Of the items to be paid by the Defendant for entertainment tax under the instant lease agreement, the acquisition tax amount of KRW 9,785,090, KRW 340,510, and the acquisition tax amount of KRW 10,160, KRW 320,410, and KRW 3,320,040, and KRW 11, the acquisition tax amount of KRW 10, KRW 320,040, and KRW 3,320,040, which shall be borne by Defendant 27, 2015.

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