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(영문) 서울중앙지방법원 2021.02.02 2020가단5217253

건물인도

Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 600,155 won and as regards them.

Reasons

1. Facts of recognition;

A. On May 9, 2016, D entered into a contract with the Defendant to lease the real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) by setting the lease deposit of KRW 15,000,000, monthly rent of KRW 1,150,000 (one day before each month), and the lease term of KRW 2 from July 2, 2016 to July 1, 2018.

B. However, the defendant paid D only KRW 10,000,000 out of the lease deposit of KRW 15,000,000. D and the defendant agreed to increase the rent of KRW 1,200,000 instead of reducing the lease deposit of KRW 10,000,000. The defendant has resided in the real estate of this case around that time.

(c)

During that period, D and the Defendant agreed to reduce the rent to KRW 1,180,000 from November 201, 2016, and agreed to increase the rent to KRW 1,200,000 instead of reducing the deposit to KRW 7,00,000 from March 2018.

(d)

Since June 17, 2018, D newly concluded a contract with the Defendant to lease the instant real estate at KRW 5,00,000, KRW 1,200,000 per month of rent (no later than every second day), and the term of lease from July 2, 2018 to July 1, 2019 (hereinafter “instant lease contract”), and agreed to reduce the rent at KRW 1,100,000 from August 2018.

E. On March 11, 2019, Part D entered into a contract to donate the instant real estate with the Plaintiffs, and completed the registration of transfer of ownership in the future of the Plaintiffs on the same day.

F. The instant lease agreement was implicitly renewed even after the expiry of the contract term on July 1, 2019, and the Plaintiffs and the Defendant agreed to reduce the rent to KRW 800,000 from July 1, 2019.

G. However, the Defendant paid only the sum of KRW 6,700,000 out of the rent from April 2, 2019 to July 1, 2020.

Accordingly, the Plaintiffs concluded on July 10, 2020 that the instant lease contract will be terminated on the ground of the delinquency in rent.