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(영문) 서울북부지방법원 2019.11.26 2019가단127945

건물명도(인도)

Text

1. The Defendant shall enter from the Plaintiff (Appointeds) and the appointed parties in the attached list from October 1, 2019 to October 1, 201.

Reasons

1. Basic facts

A. On October 15, 2010, I, who had been the former owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), concluded a lease agreement with the Defendant on the whole of the instant real estate and the first floor as follows.

Lease deposit: 7,500,000 won for monthly rent of KRW 100,000 (excluding value-added tax): Term of lease of KRW 500,000 (excluding value-added tax): Matters under a special contract from October 30, 201 to October 29, 201; ① Amount of deposit shall be raised twice in total by 20,000 won for each year. ② Amount of deposit of KRW 10,000 for the third year.

B. On December 2010, I concluded a lease agreement with the Defendant to lease the instant real estate as KRW 100,000 (Provided, That on January 2012, 2012, 200) monthly rent of KRW 33 square meters (hereinafter “the instant branch floor”) to the Defendant, without a deposit, that the Defendant and the Defendant agreed to lease the instant real estate as a monthly rent of KRW 100,00 (the rent of KRW 200,000, monthly rent of January 201) among the third floor neighborhood living facilities and viewing assembly facilities of reinforced concrete building of reinforced concrete building of the instant real estate of this case and the branch floors of the instant land of the building.

C. On October 201, the Defendant additionally paid KRW 20,000,000 to I for the lease deposit under a lease agreement for the entire first floor of the instant real estate.

I died on October 7, 2012. Accordingly, the Plaintiff and the designated parties inherited the property of I (10/60 each of the inheritance shares of Plaintiff A, C, D, E, and F, and 5/60 each of the inheritance shares of Plaintiff G and H), and each of the above lease agreements was comprehensively taken over.

E. Meanwhile, the Defendant failed to pay KRW 20,000,000 as additional deposit for the entire first floor of the instant real estate on October 2012.

F. Accordingly, the plaintiff, the designated parties, and the defendant will change each of the lease contracts set forth in paragraphs (a) and (b) above to KRW 120,000,000, monthly rent of KRW 7,800,000 (excluding value-added tax), management expenses, and value-added tax of KRW 600,000 (excluding value-added tax).