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(영문) 서울서부지방법원 2017.04.04 2016가단239386
건물명도
Text

1. The Defendant shall each month from KRW 41,163,270 to August 1, 2016 to the completion date of delivery of the building indicated in the attached Table.

Reasons

1. Determination as to the cause of claim

A. 1) On September 1, 2014, the Plaintiff is a building listed in the separate sheet, which is the Defendant and the commercial building (hereinafter “instant building”).

(1) As to the term of the lease contract (hereinafter “instant lease contract”) with a deposit of KRW 80 million, monthly rent of KRW 4.8 million (prepaid payment on October 1, 2014), the term of the lease specified from October 1, 2014 to September 30, 2019.

A) Around that time, the instant building was delivered to the Defendant. (2) Around that time, the items of the instant lease agreement stipulated that value-added tax and management expenses for monthly rent, and public charges shall be borne by the lessee, and that five (5) shall be paid by adding ten (10) per month to the rent in arrears on the monthly rent 2 occasions.

3) From February 2016 to July 30, 2016, the Defendant occupied and used the instant building while delaying monthly rent and management expenses. From February 2016 to July 30, 2016, the Defendant’s overdue rent, unpaid management expenses, and agreed delay damages amounting to 38,836,730 won (i.e., KRW 4,276,730,000) as follows, and it is apparent that the sum thereof is 38,836,730 won (= KRW 4,276,730,00). From February 2, 2016 to July 2016, the Defendant indicated the rent and value-added tax ( KRW 480,000,000) x 6 =3,1688,000 to July 30, 2016 x 206,000 won of the instant lease contract x 2686,2716.27

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purpose of the whole pleading

B. According to the above facts of recognition, the instant lease contract was terminated by the notice of termination as of October 21, 2016, on which the duplicate of the complaint was served on the Defendant.

I would like to say.

On the other hand, when the lease contract is terminated, the lessee's obligation to return the object and the lessor's default.

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