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(영문) 의정부지방법원 2020.07.17 2019가합56258

건물명도(인도)

Text

1. The defendant is against the plaintiffs:

A. Of the real estate listed in paragraph (3) of the attached Table 1, part 64.9 square meters in the attached Form 2.

Reasons

1. Basic facts

A. On February 13, 2015, the Plaintiffs received the bid for each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in the auction procedure for D real estate auction at this Court. On the same day, each of the instant real estate among the instant real estate was registered for transfer of ownership in the future.

B. On March 6, 2015, the Plaintiffs: (a) leased part of the real estate listed in paragraphs (1) and (2) of the attached Table 1 and the real estate listed in paragraph (3) of the attached Table 1 to March 6, 2015; and (b) leased KRW 7,000,000 from March 6, 2015 to March 5, 2017; and (c) paid KRW 50,000,000 from the Defendant around that time.

C. On March 5, 2017, the lease agreement was continued through an implied renewal, even after the expiry of the lease term, and the Plaintiffs entered into a lease agreement with the Defendant and the Plaintiffs on April 2018, setting the lease term from March 15, 2018 to March 15, 2020 for the lease term of the instant real estate, to KRW 7,600,000, and the lease deposit amount of KRW 60,000 (hereinafter “instant lease agreement”).

In the instant lease agreement, the lessee bears management expenses and the lessor may increase or decrease the management expenses to be claimed against the lessee due to the change in the water supply and drainage fees.

The Defendant normally paid the Plaintiff the rent under the instant lease agreement from September 2018 to June 2019. From around September 2018 to around June 2019, the Defendant paid KRW 23,000,000 (== KRW 5,000,000 on December 10, 2018; KRW 3,500,000 on January 23, 2019; KRW 200,000 on March 4, 2019; KRW 1,00,000 on April 20, 200, KRW 200,000 on May 23, 2019; KRW 200,000 on May 23, 200, KRW 200,00 on May 3, 200; and KRW 35,000 on May 3, 200; and KRW 5,301 on June 29, 2005).