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(영문) 광주지방법원목포지원 2016.07.20 2015가단8993
건물명도
Text

1. The defendant is paid KRW 15,086,721 from the plaintiff, and at the same time, the second floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On September 1, 2012, the Plaintiff entered into a lease agreement with the Defendant regarding the second floor of 487.04 square meters (hereinafter “instant real estate”) among the real estate listed in the attached Table list, as follows (hereinafter “instant lease agreement”).

Where the lease deposit is KRW 50 million, monthly rent of KRW 3.1 million, and the lease contract is terminated under Article 5 (Termination of Contract) for five years, the defendant shall restore the above real estate to its original state and return it to the plaintiff.

In such cases, the plaintiff shall refund the security deposit to the defendant, and when there is a overdue rent or damages, he/she shall remove it and refund the balance.

The elevator usage amount shall be the defendant's key

B. From January 2014, the Defendant did not pay the Plaintiff monthly rent. Accordingly, the instant lease agreement was terminated on June 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was terminated, and the amount of KRW 50 million was deducted from the monthly rent and unjust enrichment equivalent to the monthly rent during the period from January 1, 2014 to May 4, 2015. As such, the Defendant shall deliver the instant real estate to the Plaintiff, and shall pay the Plaintiff money at the rate of KRW 3,100,000 per month from May 5, 2015 to the delivery date of the instant real estate, and KRW 3,100,000 per month from October 1, 2012 to April 2015, the sum of the elevator usage fees of KRW 3,10,000,000, environmental improvement charges, KRW 403,750, and the cost of restitution of the instant real estate, including KRW 14,213,279, and KRW 1717,029, and delay damages shall be claimed.

B. 1) The part on the claim for delivery of the instant real estate was examined, and the instant lease agreement was terminated on June 30, 2014, as seen earlier, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. 2) The part on the claim for money

(a)the rent and rent in arrears;

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