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(영문) 수원지방법원 성남지원 2018.06.19 2018가합402914
건물명도(인도)
Text

1. From 108,078,154 to 154 won, the Defendant shall from January 1, 2018 to the completion date of delivery of the building as indicated in the separate sheet.

Reasons

1. Indication of claim;

A. On May 20, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 110,00,000 as to the building listed in the separate sheet (hereinafter “instant building”) as a deposit, from May 20, 2017 to May 30, 202, from May 20, 2017 to May 30, 202, with the rent of KRW 11,40,000 (additional payment of value-added tax), monthly management fee of KRW 40,000 (additional payment of value-added tax).

The defendant paid the deposit to the plaintiff on the same day, and the plaintiff delivered the building of this case to the defendant.

B. From January 1, 2018, the Defendant did not pay the rent for the instant building. Accordingly, on April 10, 2018, the Plaintiff expressed its intent to terminate the said lease by serving a duplicate of the instant complaint on the grounds that the Defendant’s delinquency in rent and the payment of electricity charges of KRW 1,921,846 was unpaid.

The duplicate of the instant complaint reached the Defendant on April 13, 2018.

C. According to the above facts, the above lease contract was terminated on April 13, 2018.

Therefore, the Defendant, from January 1, 2018 to the completion date of delivery of the building of this case, is obligated to deliver the building of this case to the Plaintiff at the same time with the remainder of KRW 12,980,000 (=the rent of KRW 11,40,000 for value-added tax of KRW 400,00 for value-added tax of KRW 1,140,000 for value-added tax of KRW 1,000 for rent of KRW 11,40,00 for value-added tax of KRW 40,00 for value-added tax of KRW 1,140,00 for value-added tax of KRW 40,00 for value-added tax of KRW 1,00 for rent of this case).

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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