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(영문) 대구지방법원 2018.12.13 2017가합204852

부동산인도 등

Text

1.(a)

Defendant J, K, L, and M are listed in attached Table 2 to the Plaintiffs.

Reasons

1. Facts of recognition;

A. Around June 26, 2012, as the owner of each real estate listed in the separate sheet, the network set up a lease agreement with Defendant M as the lessee on June 26, 2012, and thereafter, Defendant I succeeded to the status of lessee of Defendant M, and then drafted a new lease agreement with Defendant I as the lessee of Defendant I.

Defendant I (hereinafter “Defendant I”) entered into a real estate lease agreement (hereinafter “instant lease agreement”) with Defendant I, setting the lease deposit amount of 60 million won, monthly rent of 270 million won (payment on July 17), and the lease term of 3 years from July 26, 2012 to July 25, 2015 (hereinafter “instant lease agreement”).

B. After that, as Defendant I was in arrears regarding the monthly rent under the instant lease agreement, the deceased Party notified Defendant I of the termination of the instant lease agreement and filed a lawsuit seeking the return, etc. of the instant leased building with the Daegu District Court 2014Da6845, which was the Daegu District Court (2014 money7686, Jun. 25, 2014 (hereinafter “instant conciliation”).

The conciliation provisions of this case are as follows.

Conciliation Provisions

1. The term of lease between the Plaintiff and the Defendant (hereinafter “Plaintiff”) of the instant leased building is up to July 25, 2015, and the deposit amount is KRW 60 million and KRW 2.7 million per month (including value-added tax) and the monthly tax is over KRW 2.7 million after December 26, 2012.

2. The Defendant shall pay to the Plaintiff KRW 56.7 million monthly rent from December 26, 2012 to September 25, 2014; KRW 28,350,000 until July 25, 2014; and KRW 28,350,000 until August 25, 2014.

3. The monthly rent after September 26, 2014 shall be prepaid on the 26th of each month.

4. The defendant goes against or set forth in paragraph 2 at any time on the date set forth in paragraph 3.