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(영문) 서울중앙지방법원 2020.05.13 2019가단5130299

건물명도 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached Form 1, 2, 3, 4, 2. Of the real estate listed in Attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 1, 2015, the Defendant entered into a lease agreement with C company (hereinafter “Nonindicted Company”) with respect to the portion of 451.19 square meters in the attached Form 2 “A” (hereinafter “instant real estate”) connected each point among the real estate listed in the attached Table 1, as follows (hereinafter “instant lease agreement”) and possessed the instant real estate by delivery around March 1, 2015.

- Lease term: From March 1, 2015 to February 28, 2020 - Lease deposit: KRW 50 million - Monthly rent: KRW 320,000 (excluding value-added tax) - Monthly management and maintenance expenses: a fixed amount of KRW 433,00 (excluding value-added tax) - If a lessee delays the obligation to pay rent, management expenses, etc., then he/she shall pay damages for delay at the rate of 2% per month (Article 5(3)). - Upon termination of the lease, the lessee shall restore the leased object to its original state and deliver it to the lessor, and the lessor shall return the deposit to the lessee within five days (Article 18(1)). - If the lessee fails to pay the monthly rent or management expenses on at least two occasions due to any cause attributable to the lessee, the lessor may terminate the lease contract by the date on which the lease contract ends (Article 19(1)). If the lessee fails to recover the leased property to its original state or before two months after the termination.

On October 30, 2015, the Plaintiff is about real estate listed in attached Form 1.