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(영문) 서울동부지방법원 2015.06.09 2014가합10876
건물명도 등
Text

1. The Defendant: (a) among the buildings indicated in the attached Form, 262.08 square meters on the underground floor; (b) 216.68 square meters on the first floor; (c) 241.95 square meters on the second floor; and (d) 241.95 square meters on the third floor.

Reasons

1. Indication of claim;

A. On March 1, 2012, the Plaintiff leased one of the instant buildings to B (hereinafter referred to as “B”) from among the buildings listed in the attached Form (hereinafter referred to as “instant building”) to KRW 120,00,000,000, monthly rent of KRW 33,000,000, monthly management expenses, monthly management expenses, KRW 6,072,00, and from April 1, 2012 to March 31, 2014; thereafter, on December 1, 2012, the Plaintiff set the lease deposit amount for KRW 40,00,000, monthly rent of KRW 10,80,000, monthly rent of KRW 972,000, monthly rent of KRW 000, lease period of KRW 6,072,000, and from March 1, 2012 to March 31, 201.

B. After that, on February 28, 2014, the Plaintiff and B concluded a new lease agreement with the terms that the lease agreement was concluded between April 1, 2014 and March 31, 2016 to the lease deposit amounting to KRW 300,000,000, 45,400,000 for the rent month, management expenses, KRW 7,200,000 for the lease period, and KRW 7,20,000 for the lease period from April 1, 2014 to March 31, 2016.

C. B was obligated to pay the Plaintiff the increased amount of KRW 140,000,000 by March 31, 2014 under the lease agreement dated February 28, 2014, but did not implement the said agreement.

Accordingly, on April 9, 2014 and April 23, 2014, the Plaintiff notified B of the termination of the said lease contract on two occasions, and demanded B to deliver the leased object and settle the unpaid rent, and agreed to complete the settlement agreement with B on July 14, 2014.

B, even after the agreement on the settlement of the lease agreement was reached on July 14, 2014, only the five and six floors above the ground of the instant building are delivered to the Plaintiff, and the remaining first and fourth floors above the ground are occupied without delivery.

According to a lease agreement concluded on February 28, 2014 with B, the monthly rent and management expenses for the first and fourth floors among the instant buildings possessed by B shall be totaled 43,914.

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