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(영문) 서울동부지방법원 2016.05.23 2014가단117718

건물인도

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from January 6, 2016 to the date of complete payment.

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.

Subject matter: C 101, 102 apartment buildings, including Gangdong-gu Seoul Metropolitan Government 101-1308 (hereinafter referred to as “instant real property”): The lease deposit from May 13, 2009 to May 12, 2012: KRW 500,000 (not value-added tax) for residential apartment buildings of KRW 52 households, KRW 10,000,000 (excluding value-added tax) for 13 households for office officetels 13 households (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.

Subject matter: The lease deposit from May 13, 2012 to May 12, 2014: 1,500,000,000 won for an apartment house of 51 households, such as the instant real estate: 35,00,000 won for each apartment house of 51 households (excluding value-added tax) and officetels of 5,00,000,000 won for each 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 "the lease contract of this case". Period: 900,000,000 won (such payment) from the date when the lease period under the first lease contract begins to May 14, 2014:

D. B and the Defendant concluded a sublease contract with respect to the instant real estate on July 8, 2012, as follows:

(hereinafter “instant sublease contract”). Period: From July 8, 2012 to July 7, 2014

Sub-lease deposit: 2,00,000 won (payment on the 27th of each month, in the period from 8th to 7th of the following month) : 30,000 won

E. On April 28, 2014, the Plaintiff notified that the instant lease agreement will not be extended to B, and thus, the Plaintiff would deliver the entire leased object by May 14, 2014.

F. B is the tea after May 15, 2014.