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(영문) 서울중앙지방법원 2018.11.29 2018가단21270
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication 1, 2, 3, 4, 5, 6, 1 of the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff owned the portion (A) of 69.5 square meters in the ship (hereinafter “instant real estate”) connected with each point of 1,2,3,4,4,5,6, and 1 attached Form No. 401 among the real estate listed in the attached Table list, which is owned by Nonparty C and D, as of June 27, 2003, and became a sole owner after being divided into the joint property as of June 27, 2003, while holding the portion of 69.5 square meters in the ship (hereinafter “instant real estate”).

B. On November 30, 2004, C concluded a lease agreement between the Defendant and the lessee with the Defendant as the lessee (hereinafter “instant lease agreement”) with the following terms and conditions, and transferred the status of the lessor to the Plaintiff at the time of non-date.

- Lease period: Deposit amount of KRW 5,00,00 in arrears from December 30, 2004 to December 30, 2005: The amount of monthly rent of KRW 5,00,000 in arrears, and the amount of monthly rent of KRW 950,00 in the end of each month after deducting the remainder at the time when the contract is terminated or terminated: The amount of KRW 950,00 in the end of each month shall be paid, and the management expenses for additional payment of KRW 3% of the total amount of payment per 3058 square meters (147,000 in the amount of 69.5 square meters) shall be paid by the lessee at the time of delinquency: Electricity tax

C. The Defendant occupied and used the instant real estate from December 30, 2004 to December 30, 2004.

The defendant did not pay KRW 7,381,082 in total including monthly rent, management fee, electricity tax, water tax, etc. that had already been incurred until March 30, 2016, and thereafter, the monthly rent, management fee, electricity tax, and water tax that have been incurred continuously until now.

The sum of monthly rent, management fee, electricity tax, and water tax incurred in April 2016 is KRW 1,161,77.

On March 30, 2016, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on the basis of the three-year overdue overdue charge, and on March 12, 2018, the instant lease agreement was terminated to the Defendant. As such, on March 12, 2018, the Plaintiff sent a content-certified mail again demanding payment of overdue rent, etc. by March 31, 2018, and received it by the Defendant.

[Reasons for Recognition] Unsatisfy, A1 to 4 evidence shall include non-satisfy, and below.

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