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(영문) 서울중앙지방법원 2015.11.25 2014가단254690
건물명도 등
Text

1. The Plaintiff:

A. The Defendants jointly deliver the buildings listed in the separate sheet, and deliver the buildings from March 1, 2015.

Reasons

1. Basic facts

A. On October 31, 2012, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and the attached building (hereinafter “instant building”), setting the lease deposit of KRW 100,000,000 per month, the lease period of KRW 6,50,000 per month, and the lease period of KRW 1,11,00 from November 1, 2012 to October 31, 2014 (2) as well as the lease contract of KRW 250,00 per month at the Plaintiff’s request, and Defendant B did not pay management fees of KRW 3,00,000 per month between November 20 and August 2014.

3) The Defendants completed business registration under a lease agreement and occupied and used the instant building after completing business registration. B) On September 23, 2014, the Plaintiff revealed that the lease agreement expires on October 31, 2014, and requested Defendant B to give prior notice when there is no intention to renew the contract.

2) On September 29, 2014, Defendant B notified that the Plaintiff was unable to accept the terms and conditions of the Plaintiff’s contract renewal, and that the Plaintiff notified the Plaintiff that the lease is terminated upon the expiration of the contract term on October 7, 2014. 【Ground for Recognition” The Plaintiff did not have any dispute, and the purport of the entire pleadings is as follows.

2. Determination on the cause of the claim

A. According to the facts established above, the instant lease agreement terminated on October 31, 2014, barring any special circumstance, and thus, the Defendants are obliged to deliver the instant building to the Plaintiff.

B. In addition, the Defendants occupied and used the instant building up to now, the facts that the monthly management expenses were KRW 7,150,000 (including value-added tax) and KRW 250,000, as seen earlier, are as follows. According to each of the statements in the evidence Nos. 5-1 and 2, Defendant B’s rent for the first and second months in 2015 and the management expenses were 14,80,000.

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