beta
(영문) 서울동부지방법원 2019.01.09 2017가합102905

건물명도(인도)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the real estate listed in the attached Table 1 List No. 1 and the attached Table No. 2.

Reasons

1. The lessor and the lessee (hereinafter referred to as the “Plaintiff”) of the real estate lease agreement (hereinafter referred to as the “Defendant”) on the basis of fact shall enter into a real estate lease agreement as follows:

Article 1 (Indication of Real Estate)

3. A room for use: A total of 20 units (E-F, G-H units) (I shall be excluded from lease to a scholarship foundation office).

4. Area: 1,753.37 square meters (excluding the Office of Scholarship Foundation) among 1,836.61 square meters, deposit money under Article 2 (Security Deposit) shall be KRW 100,000,000, and Eul shall be paid to A as follows:

1. Contract deposit: 20,000,000 won and at the time of a contract;

3. Balance: Article 3 (Rents) that is paid on November 30, 2016.

1. The rent shall be 14,50,000 won per month (VAT separate) in consideration of the preparation for occupancy and the circumstances of construction works, etc., and Eul shall pay this amount to Gap every month;

2. The rent shall be paid from January 2017 to the last day of each month;

3. From November 10, 2016 to December 31, 2016, the period of saleroom occupants and interior works shall be fixed and the rent for this period shall be exempted.

(Provided, That the management expenses, electricity charges, water charges, etc. shall be paid by the Corporation).

The Plaintiff is the owner of the Songpa-gu Seoul Metropolitan Government building E-F heading to G heading to H heading 20 units (hereinafter collectively referred to as the “instant building,” and the individual heading unit is indicated only by the number of units, such as the “E”).

On November 10, 2016, the Plaintiff and the Defendant drafted a real estate lease agreement with respect to the instant building as follows:

B. Around that time, the Defendant received the instant building from the Plaintiff, but did not pay the lease deposit by the remainder of the lease deposit.

Accordingly, on January 1, 2017, the Plaintiff notified the Defendant of the termination of the instant contract.

After that, the Defendant paid KRW 100,000,000 as the lease deposit on January 2, 2017, and KRW 30,000,000 on January 3, 2017.

C. However, on January 3, 2017, the Plaintiff notified the Defendant of the termination of the instant contract on the ground that the lease deposit was not paid, and the Defendant on January 3, 2017.