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(영문) 서울동부지방법원 2016.05.10 2015가단51204
건물명도 등
Text

1. The Defendant against the Plaintiff (Appointed Party) and the Appointed C:

A. Of the real estate listed in the attached list, the third floor of 140.04 square meters is 140 square meters.

Reasons

1. Facts of recognition;

A. On August 12, 2015, the Plaintiff (Appointed Party) and the Selection C concluded a contract with the Defendant to lease KRW 140.04 square meters (hereinafter “instant real estate”) of the third floor among the real estate listed in the attached list as indicated in the attached list by setting the deposit amount of KRW 20 million, monthly rent of KRW 2.1 million, management fee of KRW 160,000,000, monthly rent of KRW 2.1 million, management fee of KRW 160,000, and lease period from August 12, 2015 to August 12, 2017 (hereinafter “instant lease contract”).

B. The Defendant paid the rent and management expenses under the above agreement until September 21, 2015, and did not pay them thereafter.

C. Around December 2015, the Plaintiff (Appointed) and the Appointed C notified the Defendant of the termination of the instant contract on the grounds of the Defendant’s delinquency in rent.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s assertion of the cause of claim, according to the above facts, since the instant lease contract was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff (Appointed Party) and the appointed party C to its original state. From September 22, 2015 to September 2, 2015, the day following the date of the final payment of the rent, to the time of delivery of the said claim, the amount of money calculated at the rate of KRW 1,235,00 (=the amount of KRW 2,100,000 value-added tax of KRW 210,000,000 for the management expenses of KRW 160,000 for the management expenses of value-added tax of KRW 160,00)/2).

B. The defendant argued to the purport that since the defendant's parking of the defendant who operates a marina shop in this case by the plaintiff (appointed party) and the Selection C restricted the defendant's customers' parking, puts a civil petition about parking, and interferes with the business such as informing the customers of the fact of delinquency in rent, the plaintiff's argument is unjustifiable. However, there is no evidence to acknowledge this, and the defendant's argument cannot be viewed as a ground for refusing the payment of rent alone. Thus, the defendant's argument is

3. If so, the plaintiff's claim is justified.

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