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(영문) 서울중앙지방법원 2020.02.13 2019가단39131

건물명도 청구의 소

Text

1. From 28,615,224 to 200 won, the Defendant shall deliver the real estate listed in the separate sheet from July 20, 2019 to the completion date of delivery.

Reasons

1. Facts of recognition;

A. On December 27, 2016, the Defendant leased from the Plaintiff the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) as KRW 50 million, the lease deposit period from February 16, 2017 to February 15, 2019, and the monthly rent of KRW 170,000 (pre-payment on February 16, 201).

B. On November 14, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant apartment, which was concluded between February 16, 2019 and February 15, 2021 as the lease deposit amount of KRW 50 million, the lease term of KRW 1790,000,000,000,000,000 from February 16, 2019 to February 15, 2021.

At the time of the conclusion of the instant lease agreement, the Defendant confirmed that the unpaid rent of KRW 10,20,000 in the previous contract was the total amount of KRW 10,200 from February 16, 2017 to October 15, 2018 (Article 9). The Defendant agreed to pay the unpaid rent of KRW 10,20,000 by February 15, 2019 (Article 10), but the Defendant paid the unpaid rent of KRW 10,20,000 in full (Article 10), and the Defendant agreed to additionally pay the late rent of KRW 8% per annum in the event of delinquency or failure to implement the contents of

(Articles V and XI). (c)

However, after the conclusion of the instant lease agreement, the Defendant only paid the Plaintiff the monthly rent of KRW 1790,000 to the Plaintiff on February 28, 2019, March 27, 2019, and June 28, 2019, and did not pay the remainder. On July 17, 2019, the Plaintiff sent to the Defendant by content-certified mail a notice of termination of the contract containing the content that the termination of the instant lease agreement on the grounds of overdue rent for at least two months of the Defendant’s payment of rent, and the said notice was sent to the Defendant on July 19, 2019.

The Defendant’s unpaid rent at the time of July 19, 2019 is KRW 10,200,00 for the unpaid rent as of October 15, 2018; KRW 6,80,000 for the four-month rent from October 16, 2018 to February 15, 2019 (=170,000 x 4 months); ③ (3) for the four-month rent from February 16, 2019 to July 19, KRW 9,180,968 [=5-month x 1790,000 x 5 months) x 968 won for the five-month rent (=5-month rent)