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(영문) 서울중앙지방법원 2015.05.21 2014가합58837
건물인도
Text

From 50,000,000 to 3,500,000 each month from May 21, 2014 to the completion date of delivery of the building as stated in the separate sheet.

Reasons

On August 16, 2013, the Plaintiff notified the Defendant that the instant building was leased to the period from September 21, 2013 to September 20, 2015, by setting the lease deposit of KRW 50,000,000, monthly rent of KRW 3,500,000, and the lease period from September 21, 2013 to September 20, 2015. The Defendant delayed the payment of rent from March 21, 2014, and accordingly, the Plaintiff received the notification to the Defendant on November 25, 2014, “if the Plaintiff fails to pay the delayed rent, the lease contract is terminated as of November 30, 2014,” but there is no dispute between the parties, and the Plaintiff was paid the overdue rent of KRW 20,00,00 from the Defendant and the Plaintiff received the said rent from the Defendant.

According to the above facts, the above lease contract between the Plaintiff and the Defendant was lawfully terminated and terminated as of November 30, 2014, and the Plaintiff’s above 7,000,000 won, which was paid by the Defendant, was first appropriated for the repayment of unpaid rent from March 21, 2014 to May 20, 2014, which became due according to statutory appropriation of payment, and thus, the Defendant is obligated to pay the Plaintiff the remainder of money calculated by deducting the money calculated at the rate of KRW 3,50,000,000 from May 21, 2014 to the completion date of delivery of the building of this case, and at the same time to deliver the building of this case from the Plaintiff.

Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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