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(영문) 서울중앙지방법원 2020.04.28 2019가단5181167
건물명도(인도)
Text

1. Defendant B shall deliver to the Plaintiff the real estate listed in the attached Table’s real estate list, and KRW 5,410,955 as well as its related amount on July 2019.

Reasons

1. Basic facts

A. On April 2, 2019, the Plaintiff entered into a contract with F to lease real estate (hereinafter “instant lease agreement”) as stated in the attached real estate list (hereinafter “instant real estate”) with the Plaintiff, setting the lease deposit amount of KRW 500,000,000, and the lease period from April 2, 2019 to April 1, 2021, and received delivery of the instant real estate.

B. On April 5, 2019, with the consent of the Plaintiff to sublease the instant real estate from F, the Plaintiff entered into a sub-lease contract with the said Defendant with the said Defendant as KRW 10,000,000, monthly rent of KRW 2,500,000 (payment after April 15), and the sublease period from April 15, 2019 to April 14, 2020 (hereinafter “the sub-lease contract in this case”), and then the said Defendant handed over the instant real estate to the said Defendant.

C. Defendant B did not pay the monthly rent on June 15, 2019 and July 15, 2019. On July 19, 2019, Defendant B notified the said Defendant that the instant sub-lease contract was terminated on the grounds of overdue rent, which amounts to more than two-term rents via text messages.

Defendant B paid only KRW 2,500,000 out of the rent that occurred from April 15, 2019 to July 19, 2019.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, and 8, the purport of the whole pleadings.

2. Determination as to the claim against the defendant B

A. According to the above facts, the sub-lease contract of this case is deemed to have been terminated on July 19, 2019 due to overdue rent of at least the amount of rent for the second term portion of Defendant B-2, and the above defendant delivered the real estate of this case to the plaintiff, and from April 15, 2019 to July 19, 2019, the sum of the rent generated from April 19, 2019 to July 19, 7,910,955 won [ = 2,50,000 wonx 3 months x 2,50,50,000 won x 5,365 days x 12 months], and the remaining amount after deducting the amount of rent of 2,50,000,000 won which was already repaid from July 20, 2019 to the date of delivery of a copy of the complaint of this case from July 29, 2019.

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