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(영문) 서울북부지방법원 2016.01.12 2015가단14119
부동산인도등
Text

1. From March 15, 2015 to March 15, 2015, the Defendant shall draw up a separate sheet among the first floor of the building indicated in the separate sheet from KRW 50,642,50.

Reasons

1. Facts of recognition;

A. On February 7, 2014, the Plaintiff leased the instant building to the Defendant for a two-year period from March 15, 2014 to March 14, 2016, with the lease deposit of KRW 100 million, KRW 4,000,00 per month (excluding the payment on March 15, 201), and the lease term of the instant building from March 15, 2014 to March 14, 2016.

(hereinafter “instant lease agreement”). B.

Around that time, the Defendant paid the lease deposit to the Plaintiff, and received delivery from the Plaintiff of the instant building and operated the restaurant at present.

C. From May 15, 2014 to March 14, 2015, the Defendant did not pay KRW 44,000,00 in total [4,40,000 in total [4,00 in each month of rent + value-added tax 400,000 in value-added tax + ten months from May 15, 2014 to March 14, 2015] management expenses, 5,000,00 in total [50,00 in each month + 10 months from May 15, 2014], and public charges and public charges of KRW 357,50 in total from May 15, 2014 to March 14, 2015] as of March 14, 2015.

On March 9, 2015, the Plaintiff sent a written notice to the Defendant, stating that the instant lease contract is terminated on the grounds of a rent delay, by content-certified mail.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was duly terminated and terminated around that time as the content-certified mail or copy of the instant complaint delivered to the Defendant on March 9, 2015, which included the Plaintiff’s intent of termination on the grounds of the Defendant’s delinquency in rent, and thus, the instant lease agreement was concluded.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff a sum of KRW 49,357,500 ( KRW 5,000 + KRW 5,000 + KRW 357,500 + KRW 3500 + KRW 4,900,000) calculated on March 15, 2015 to the delivery date of the said building £« KRW 500,000 (including KRW 4,400,000 + management expenses including value added tax of KRW 50,000 + KRW 50,000) calculated on March 14, 2015.

3. The defendant.

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