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(영문) 서울중앙지방법원 2020.01.07 2019가단5119025

건물명도(인도)

Text

1. The Defendants are to the Plaintiff:

A. Of the 381.16 square meters of the second floor of a building listed in the attached Table list, indication 1, 2, 3, 4, and 1 of the attached drawings shall be made.

Reasons

1. Basic facts

A. On February 2, 2018, the Defendants concluded the instant lease agreement with D as follows.

-The second generation deposit for stores E-2 in Gwanak-gu in Seoul Special Metropolitan City: 11,00,000 Won monthly rent (10,000 per month): Provided, That the value-added tax may be reconstructed or altered with the approval of the lessor on February 1, 2018 by the lessee on February 1, 2018 for the first use of Article 3 to be separately borne by the lessee, while the lessee may be restored or altered with the approval of the lessor on February 24, 2018, at the expense of the lessee prior to the date of return of the real estate;

(b) pay 30,000 won for delay until the deposit is paid in KRW 30,00.

Article 10 is a condition that the management expenses shall be paid in 90,000 won.

B. A lessor D died on October 26, 2018 and the Plaintiff succeeded to the status of the lessor.

C. On April 8, 2019, the Defendants prepared a letter of termination of Party A’s evidence No. 4 and issued it to the Plaintiff.

According to this letter, the Defendant was publicly notified to the Plaintiff that the instant lease contract was terminated due to the delayed payment of rent for at least four-years as of April 8, 2019. In order to divide the leased object into one half of the leased object by cutting off the place of business possessed by the Defendants, and to enter into a new lease contract, the Defendant shall cooperate with the contract again within 30 days with the payment of rent for the lease deposit, which is part of the lease deposit, and April 2019.

According to this letter, KRW 15,00,000 of the first deposit for the lease contract to be newly concluded is KRW 15,000 on May 22, 2019, and KRW 1,500,000 on June 26, 2019; KRW 20,000 of the third deposit is up to July 24, 2019; and monthly rent is KRW 7,50,000 and value-added tax is KRW 750,000.

E. The Defendants: (a) around April 10, 2019, on the second floor of 381.16 square meters of buildings listed in the attached Table list, the Defendants are the Defendants, in the line that connects 1, 2, 3, 4, and 1 in sequence, among the attached drawings of 381.16 square meters of buildings listed in the attached Table.