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(영문) 서울남부지방법원 2021.02.04 2020가단223938

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. The indication of the object of lease among the real estate indicated in the attached list is 213.40 square meters.

Reasons

1. Comprehensively taking into account the purport of the entire arguments in Gap evidence Nos. 3 through 5 and 9 through 11 (including each number), as to the cause of the claim, the plaintiff entered into a sublease contract with the defendant on December 29, 2016 on the condition that on December 29, 2016, the lease deposit amount of KRW 10 million, monthly rent of KRW 9 million, and the sublease period of KRW 100 million from January 1, 2017 to June 30, 2017, the plaintiff and the defendant agreed to sublease the above sub-lease contract with the defendant on June 1, 2017 to KRW 7 million (excluding value-added), basic management expenses for the sub-lease of KRW 2,832,10 (excluding value-added), and the basic management expenses for the sub-lease of KRW 100,000,000 from 20,000 (value-1, 2017).

According to the above facts, the sub-lease contract of this case was lawfully terminated on November 25, 2019.

As such, the Defendant shall deliver the instant real estate to the Plaintiff, barring any special circumstances following the termination of the instant sub-lease contract, and KRW 129,086,043 (= KRW 229,086,043 (= KRW 229,086,043 - KRW 100,000) calculated by deducting KRW 100,000 from the rent and management expenses in arrears until December 31, 2020, and the purport of the instant claim and the delivery of a copy of the application form for alteration of the cause of the claim from January 7, 2021 to the day of full payment, and damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 1, 2021 to the day of complete delivery of the instant real estate from January 1, 2021 to the day of completion of delivery of the instant real estate x KRW 10,810 (70