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(영문) 서울중앙지방법원 2020.02.13 2019가단5099640

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From November 26, 2019, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. Around 2010, the Defendant leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) and operated the real estate brokerage office at this place, and drafted a monthly rent contract for commercial buildings as determined from March 26, 2013 to March 25, 2014, between this case and this day as a result of the registration of ownership transfer completion on March 26, 2013.

(hereinafter referred to as the "previous Lease Contract". Since the previous lease contract has been impliedly renewed, the defendant has continued to engage in brokerage business on the real estate of this case.

B. On May 5, 2018, the Plaintiff concluded a sales contract with the intention to purchase the instant real estate in KRW 310,000 from this case, and concluded a sales contract with the intention to purchase the said real estate in KRW 300,000,000, after deducting the deposit amount of the previous lease from the remainder of the lease, the monthly rent shall be calculated on the basis of the remainder of the lease, and the seller agreed to settle the allowance for repair to

On May 28, 2018, the Plaintiff completed the registration of ownership transfer concerning the instant real estate.

C. On the other hand, on May 25, 2018, the Plaintiff, through the broker of the above sales contract, drafted a monthly rent contract between the Defendant and the Defendant (hereinafter “instant lease contract,” and “instant lease contract”) on the instant real estate, and the part relating to the instant case is as follows.

A lessor and a lessee shall enter into a lease contract with respect to the following immovables by agreement:

-Deposit: 20 million won - Monthly rent: one million won (including value-added tax), and payment by late payment on the 25th day of each month - Term of lease - Matters under special agreement from March 26, 2018 to March 25, 2019 - Re-preparation of a lease contract due to changes in ownership (as of May 25, 2018) due to changes in ownership.