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(영문) 서울동부지방법원 2015.06.08 2014가단118353

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annexed real estate list;

B. From May 15, 2014, the above A.

Reasons

1. Basic facts

A. On May 13, 2009, the lessor Korea Land Trust Co., Ltd., the lessee B Co., Ltd. (hereinafter “B”), and the truster Plaintiff concluded the following lease contracts.

1) Lease object: Real estate listed in the separate sheet (hereinafter “instant real estate”)

(2) Lease term of Gangdong-gu Seoul Metropolitan Government 101, 102 apartment units, 52 apartment units, 13 households of officetels 2): Lease deposit from May 13, 2009 to May 12, 2012: 500,000 to 4) Monthly Rent: 48,000,000 residential apartment units (not value-added tax), 13 households of office officetels 10,000 (excluding value-added tax)

B. On December 23, 2011, the Plaintiff acquired the registration of ownership transfer from the Korea Land Trust Co., Ltd. for the instant real estate, and entered into a lease agreement with B on May 11, 2012, with the following content.

1) Lease object: Lease deposit between May 13, 2012 and May 12, 2014: 1,500,000,000 won for an apartment unit of KRW 35,00,000 for an apartment unit of KRW 51 households (excluding value-added tax), officetels 15,00,000 for an officetel (excluding value-added tax)

C. On July 2, 2013, the Plaintiff amended the terms and conditions of the said lease agreement with B as follows.

(hereinafter referred to as "lease Agreement of this case") . (1) Lease period: 2) Lease deposit from May 14, 2014 to the beginning date of the lease term under the first lease contract: 900,000,000 won (term payment)

D. In March 2014, the Plaintiff agreed with the following contents.

1) B waives the claim for return of the lease deposit under the above lease agreement. (2) The Plaintiff is to perform instead of the obligation for the sub-lease deposit to be borne by B under the sub-lease agreement entered into by B with respect to the goods subject to the above lease agreement. (3) As above, the Plaintiff’s repayment of the sub-lease deposit to the sub-lessee is a dispute between the parties.