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(영문) 서울동부지방법원 2021.03.11 2020가단11057

건물인도

Text

1. The Defendants deliver each of the real estate listed in the separate sheet to the Plaintiff. 2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

On March 12, 2020, the Plaintiff entered into a lease agreement between Defendant B with regard to each of the instant real estate (hereinafter “instant lease agreement”) with a deposit of KRW 100 million, KRW 10 million per month, and KRW 10 million per month, and the lease agreement between March 12, 2020 and March 11, 2025 during the lease agreement period (hereinafter “instant lease agreement”).

B. When Defendant B entered into the instant lease agreement with the Plaintiff, the amount of KRW 40 million out of the deposit KRW 100 million between the Plaintiff and the Plaintiff shall be paid on the date of the contract, KRW 20 million on May 11, 2020, and KRW 40 million on July 11, 2020, respectively. However, if Defendant B violated this, the Plaintiff may immediately terminate the instant lease agreement.

Merely determined.

(c)

After concluding the instant lease agreement, the Plaintiff handed over the instant real estate to Defendant B.

Defendant B did not pay KRW 20 million to the Plaintiff on May 11, 2020, which was agreed to pay to the Plaintiff on May 11, 2020, and the rent has not been paid until now since May 11, 2020.

(d)

Accordingly, the plaintiff on May 13, 2020 and the same year

5. 25.25., the same year;

6. 10. The defendant B urged to pay the above deposit and rent to the defendant B, but the defendant B did not comply with the above peremptory notice.

On June 22, 2020, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground that the deposit was not paid on the date agreed by Defendant B, and that the rent was not paid more than twice in arrears. The Plaintiff notified the termination of the instant lease agreement on the grounds that the service of the copy of the complaint in the instant case was also notified.

E. Defendant C Co., Ltd. (hereinafter “Defendant C”) occupies the instant real estate in the course of operating softs on the instant real estate.

[Reasons for Recognition] With respect to Defendant B: The fact that there is no dispute against Defendant C which is deemed a confession; entries in Gap evidence Nos. 1 through 10; the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement is concluded by the defendant B.