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(영문) 부산지방법원 2014.05.14 2013가합16469
건물명도
Text

1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) B, the Defendant (Counterclaim Plaintiff), the Defendant Co., Ltd., and the Defendant Co., Ltd, the Defendant KRW 5,83,928, respectively.

Reasons

1. Determination on the main claim

A. (1) The Plaintiff entered into a lease agreement with Defendant B and Busan Dong-gu D Building (hereinafter “instant building”) as indicated below.

Defendant B, on September 1, 2013, the lease term of KRW 503,60,000 from September 1, 2013 to August 30, 2015, 200, KRW 502,000,000 from April 10, 2009, KRW 502,50,000 from September 10, 2009, KRW 13 years and 2.5 million from June 1, 2009, KRW 13 years and 2.5 million from September 1, 2013, the Plaintiff and the instant building KRW 503,602, and KRW 603,00 from September 4, 2013 to August 30, 2015, changed the lease term from September 4, 201 to August 30, 204, 203 to 306,206, 2013.

(3) On September 1, 2013, Defendant C, setting the instant building 502 from September 1, 2013 to August 30, 2015, with the lease term of KRW 500,000 from September 1, 2013 to August 30, 2015, and Defendant C paid the Plaintiff the rent of KRW 50,000 for the instant building from April 1, 2013 to August 2013 to August 2013, Defendant C paid KRW 275,00 in total, for three months from February 1, 2014, and the rent from September 1, 2013 to January 2014.

(4) The details of the instant rent, value-added tax, and management fee imposed from April 2013 to February 17, 2014 regarding the instant building Nos. 502, 503, 602, and 603 are as shown in the attached sheet.

【Ground of recognition】 Evidence Nos. 12 (including each number), Eul’s evidence Nos. 3, 4, 5, 8, and 9 (each lease agreement, and each of the above documents is presumed to have been authentic due to the lack of dispute over the Plaintiff’s stamp image part), the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B’s delay in the above 503, 602, and 603, the sum of the overdue rent, value-added tax, management expenses, and 61,016,544 won, and Defendant C’s delay in the above 502 amount.

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