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(영문) 서울중앙지방법원 2018.09.11 2017나86691

건물명도(인도)

Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 2788.9% of the real estate listed in the [Attachment 1 List in Jung-gu, Seoul (hereinafter “instant real estate”) located in Jung-gu, Seoul. The Defendant is a company engaging in broadcast (video) business, advertising production agency business, etc.

B. On December 20, 2001, the Plaintiff entered into a lease agreement on 504.1 square meters among the first floor of the instant real estate on December 20, 2001 with the Defendant, and agreed that the deposit was KRW 185,760,000.

After that, while the defendant did not pay rent and management expenses, the plaintiff and the defendant reached an agreement on March 7, 2013 that the unpaid rent and management expenses of KRW 270,000 remain, even after deducting rents, etc. in arrears from the above deposit.

C. On March 15, 2013, the Plaintiff and the Defendant consulted on the reduction of the leased area of the Defendant, and agreed on March 15, 2013, with respect to the portion of the part in the ship, which was attached Table 1, 2, 3, 4, 5, 6, 7, and 1 among the first floor of the instant real estate, connected with each point of the attached Table 2-1, 617.84 square meters, and the attached Table 2-2, 1, 2, 3, 4, 5, 6, and 123.967 square meters among the second floor of the said real estate, the Plaintiff neglected to pay the rental fee for at least 123.967 square meters, without a deposit, and the Defendant neglected to pay the rental fee for at least 2,692,80 won (excluding value-added tax), from April 1, 2013 to March 31, 2014.

The sum of monthly rents and management expenses under the instant lease agreement is KRW 11,848,320 per month (including value-added tax).

After that, the instant lease agreement has been renewed every year.

As above, the Defendant newly concluded the instant lease agreement by reducing the leased area.