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(영문) 창원지방법원 통영지원 2018.04.25 2017가단26651
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 2,576,410 won and its related amount from April 17, 2018.

Reasons

1. On March 17, 2014, Defendant C entered into a lease agreement with regard to the second-class store (hereinafter “instant store”) among the buildings listed in the attached Table list by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term from March 17, 2014 to March 16, 2016.

The special agreement at the time determined that "the entertainment tax shall be borne by the lessee".

On March 17, 2016, Defendant C entered into a lease agreement with the Plaintiff and the instant store by setting the lease deposit amount of KRW 30 million, KRW 1.9 million per month, and the lease term from March 17, 2016 to February 16, 2018.

At the time, the special agreement was stipulated that the lessee shall pay the heavy (7 months, September) tax, and the monthly tax shall be adjusted after one year.

around June 17, 2017, the Defendants (hereinafter “the instant lease agreement”) concluded a lease agreement with the Plaintiff and the instant store with the following period from March 17, 2017 to June 17, 2020: (a) around June 17, 2017, the lease deposit amount of KRW 30 million is KRW 1.9 million per month; (b) the lease term is KRW 1.9 million per month; and (c) the lease term is from March 17, 2017 to June 17, 2020.

From July 2017, Defendant B did not pay the rent, and the Plaintiff terminated the instant lease contract as a delivery of a copy of the instant complaint on the grounds of the delinquency in rent.

Meanwhile, the sum of the property tax imposed on the instant store in 2017 is KRW 7,026,410.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. As of March 16, 2018, the Plaintiff’s assertion that the Defendants returned the instant store to the Plaintiff, with the deduction of KRW 30,000,00 from KRW 15,20,000, property tax, KRW 7,026,410, and KRW 10,350,000, from KRW 10,00,00, which is the overdue rent from July 17, 2017 to March 16, 2018, the Defendants are obligated to pay the remainder of KRW 2,576,410 to the Plaintiff.

(b) Determination Party A’s evidence 7 through 9 (including paper numbers).

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