(영문) 서울남부지방법원 2016.04.06 2015가단11391

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(영문) 서울남부지방법원 2016.04.06 2015가단11391

건물인도 등

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1. The defendant shall pay 8,760,000 won to the plaintiffs, and 15% per annum from April 7, 2016 to the day of full payment.

Reasons

1. On March 21, 2011, the Plaintiff’s claim 0 Plaintiffs held 1/2 shares in respect of the buildings listed in the separate sheet. 0 Plaintiffs asserted that on March 21, 201, the Defendant, on the following grounds: (a) KRW 60 million, monthly rent of KRW 290,000 (in addition tax, KRW 20,000,000,000) from among the buildings listed in the separate sheet, monthly rent of KRW 2.9,000,000 (in the case of management expenses, the lessee shall bear the burden); and (b) thereafter, on March 20, 2013, the lease term was extended until March 20, 2015; and (c) the Plaintiffs asserted that the monthly rent of KRW 3,300,000 (Additional tax) was increased due to the renewal of the lease contract until March 20, 2015; and (d) the Defendant did not have any explicit agreement.

However, in light of the fact that immediately after the Defendant’s renewal of the lease agreement, almost 3.4 million won per month from April 2013 (the use until April 201, 2013 - April 201) to September 25, 2014 (the monthly rent of KRW 3.3 million to KRW 3.3 million to KRW 3,100,000), immediately after the renewal of the lease agreement, the Plaintiffs and the Defendant should be deemed to have agreed to renew the lease agreement and increase the rent of KRW 3.3 million per month.

The defendant's assertion against this is not accepted.

0. The fact that the Defendant has no dispute over the leased building to the Plaintiffs on February 11, 2016 (the ground for recognition) (the ground for recognition), A 1 through 4, and there is no dispute.

2. Settlement of overdue rents, etc.;

A. After the Defendant’s renewal of a lease agreement, such as a joint and several fee in arrears, the sum of the rent and management expenses shall be paid every month from April 20, 2013 to September 25, 2014, and 3.9,000 won shall be paid every month, but there is no dispute over the fact that the sum of the rent and management expenses has been paid every three months.

Therefore, if the rent, etc. paid by the Defendant is appropriated first, the Defendant would actually pay the rent, etc. up to June 20, 2014.

Therefore, when calculating the overdue rent, etc. of the defendant, it is necessary to calculate the overdue rent.

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