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Reasons
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(영문) 수원지방법원안산지원 2017.05.19 2016가단23687
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 7,598,470 Won and 6,000,000 among them;

Reasons

1. Facts of recognition;

A. On April 17, 2014, the Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant housing”). On April 17, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 30,000,000, monthly rent of KRW 1,200,000, monthly rent of KRW 20,000, monthly payment period of the rent of KRW 20 (after payment) and from May 20, 2014 to December 4, 2015 (hereinafter “instant lease agreement”).

B. Around May 20, 2014, the Defendant received the instant house from the Plaintiff and has resided until now.

C. Around 60 days prior to May 20, 2016, the Plaintiff notified the Defendant that the contract will not be renewed without changing the terms and conditions of the instant lease agreement, with the purport of raising the deposit amount of KRW 5,000,000.

The defendant did not pay 1,598,470 won for management expenses incurred from November 2016 to March 8, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above fact-finding, since the lease contract of this case terminated on May 20, 2016, two years after the lease term under Article 4(1) of the Lease Protection Act, the Defendant is obligated to deliver the instant house to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the amount of KRW 1,200,000 per annum of the agreement from April 21, 2016 to May 20, 2016, and the amount of KRW 4,800,000, the aggregate of the above amounts of KRW 6,00,000,000 per annum from May 21, 2016 to September 20, 2016, calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 21, 2016 to the date of full payment, the amount of KRW 10,000,000 per annum from September 10, 2016.

(The plaintiff claimed management expenses of KRW 1,625,610 on the basis of the time of filing a lawsuit. 3. If so, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims are dismissed.

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