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(영문) 서울중앙지방법원 2019.11.27 2018가단5211184

건물명도(인도)

Text

1. The Defendant: from August 1, 2019 to August 1, 2019, the fourth floor of 128.93 square meters among the buildings listed in the separate sheet (1) from the Plaintiffs.

Reasons

Basic Facts

On December 2, 2014, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that the lease deposit amount is KRW 60,000,000,000 for the rent month, KRW 5,000,00 for the rent month, and KRW 20,000,00 for monthly management expenses from December 2, 2014 to December 1, 2019 among the buildings listed in the attached Table (1) owned by the Plaintiffs (hereinafter “instant store”).

The Defendant received delivery of the instant store from the Plaintiffs in accordance with the instant lease agreement and operated the Gosiwon.

On August 10, 2018, the Plaintiffs notified the Defendant that the instant lease contract is terminated on the grounds of delinquency, such as delay in rent, etc. (hereinafter “instant termination notice”).

[Ground for recognition] The facts that there is no dispute, Gap evidence Nos. 1, 2, and 3, and the grounds for the claim of determination of the purport of the entire pleadings, were concluded with the defendant to conclude the instant lease agreement with regard to the instant store. The fact that the plaintiffs delivered the instant store to the defendant, and that the plaintiffs notified the termination of the instant lease agreement around August 10, 2018 is as seen earlier. At the time of the notice of termination of the instant lease, the fact that the defendant delayed to pay three or more times from March 2018 to July 2018 is no dispute between the parties.

According to the above facts, since the lease contract of this case was terminated upon termination of the termination notice of this case, barring any special circumstance, the Defendant’s claim is as follows: (a) the Defendant: (b) as to the lease deposit remaining as of July 31, 2018 by the Plaintiffs; (c) the lease deposit remaining as of July 31, 2019 by the Plaintiffs was paid all of the rents up to January 2019; and (d) the lease deposit remaining as of July 31, 2019 is KRW 60,000 and KRW 1,019,000,000, and ② from March 1, 2019 to July 31, 2019, the lease deposit remaining as of July 31, 2019 is KRW 60,000 and KRW 1,019,000, which was partially overdue.