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(영문) 서울중앙지방법원 2019.07.24 2018가단5143625
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Attached Form 2 drawings, (1), (2), (4), (5) of the underground floors of the real estate listed in the attached Table 1 list;

Reasons

1. Facts of recognition;

A. On February 20, 2017, the Plaintiff entered into a lease agreement with the Defendant on the deposit deposit of KRW 50,000,00, monthly rent of KRW 5,50,00 (excluding value-added tax), monthly management fee of KRW 1,615,00 (excluding value-added tax), monthly management fee of KRW 1,615,00 (excluding value-added tax), and period of value-added tax of KRW 12,00 and the lease agreement of this case (hereinafter “the lease agreement of this case”) of the portion (a) part (b), (3), (4), and (c) part (a) in the ship connected each point in sequence with the Defendant and the five-story on the ground of the real estate listed in the attached Table 1 list (hereinafter “instant real estate”).

B. On April 5, 2017, the Defendant delayed the payment of the rent from the date following the conclusion of the instant lease agreement, and on April 5, 2017, the Defendant delayed the payment of the rent of at least three months as KRW 25,167,110, and thereafter delayed the payment, the Plaintiff notified the Defendant of his intention to refuse the re-contract on November 29, 2017.

C. As of December 31, 2017, which was the date of termination of the instant lease agreement, the Defendant did not pay the Plaintiff the sum of KRW 47,194,140 and electricity charges of KRW 2,032,190, and KRW 49,226,330.

From January 1, 2018 to March 31, 2019, the electricity fee that the Defendant shall pay to the Plaintiff as to the use of the leased object of this case is KRW 4,002,790.

F. The Defendant paid the Plaintiff KRW 51,631,240,000 in total, KRW 10,000 on January 12, 2018, KRW 10,000 on January 25, 2018, KRW 10,000 on February 25, 2018, KRW 200 on March 14, 2018, KRW 18,631,240 on March 30, 2018, and KRW 51,631,240 on April 30, 208.

G. Meanwhile, the Defendant, in addition to the leased object of this case, has stored the Defendant’s goods on the 24 square meters of the part on the ship (B) and without the Plaintiff’s permission, among the second basements of the instant real estate owned by the Plaintiff in addition to the leased object of this case.

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