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(영문) 서울중앙지방법원 2018.10.04 2018가단5020678

건물명도(인도)

Text

1. The defendant shall set forth in attached Form 1 to the plaintiff (Appointed Party) A, and attached Form 2 to the plaintiff (Appointed Party) B.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) A, the Appointed Party D, and E are jointly owned, and the Plaintiff (Appointed Party) B, the Appointed Party F, and the G are jointly owned from around 2003, respectively.

B. On April 19, 2017, the designated parties, including the Plaintiff (appointed parties), leased each building specified in attached Forms 1 and 2 to the Defendant, with the lease deposit of KRW 25,000,000, monthly rent of KRW 2,900,000 (value-added tax separate), from April 19, 2017 to April 18, 2018, by setting the lease deposit period of KRW 25,00,000, monthly rent of KRW 2,900,000 (value-added tax separate), and the lease period of KRW 19,00

(hereinafter “instant lease agreement”). At the time of the instant lease agreement, the lessor agreed that the lessee may unilaterally cancel the lease fee when the lessee fails to pay the rent for at least two months.

C. The Defendant, upon delivery of each building listed in attached Tables 1 and 2 from April 19, 2017, occupied and used as an indoor golf practice range using the trade name H.

The designated parties including the Plaintiff (Appointeds) issued each electronic tax invoice of KRW 3,905,00 per month (the monthly rent of KRW 3,190,000 including value-added tax, and KRW 715,00 including value-added tax management expenses) until December 31, 2017 from the end of the month when the Defendant was delivered to the Defendant, and claimed KRW 35,145,000 in total.

E. The Defendant paid only KRW 1,00,000 to the Plaintiff (Appointed Party), KRW 1,330,000 on June 26, 2017, KRW 1,330,00 on June 30, 2017, KRW 1,000 on July 12, 2017, and KRW 20,000 on September 22, 2017.

F. On December 8, 2017, December 15, 2017, and December 26, 2017, the Plaintiff (Appointed Party) notified the Defendant of the payment of monthly rent, etc. in arrears and the cancellation of a lease agreement, respectively, by mail verifying the contents, but the Defendant did not pay monthly rent even after receiving the content-certified mail.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the above facts, the instant lease agreement is legitimate by the Plaintiff (Appointed Party)’s declaration of intention on the grounds of the Defendant’s delinquency in rent, around December 2017.