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(영문) 서울북부지방법원 2020.11.04 2019가단150082
건물인도
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:

(a) deliver the buildings listed in the separate sheet;

(b) 72,450,000 won;

Reasons

1. Facts of recognition;

A. On July 25, 2017, the Plaintiffs: (a) leased real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant as KRW 30,00,000,000, and the lease term from July 25, 2017 to July 24, 2019; and (b) concluded a lease agreement with the Defendant stating the following special terms and conditions: (a) lease agreement between the Defendant and the following: (b) from July 25, 2017 to July 24, 2019:

(hereinafter referred to as “instant lease agreement”);

1. A lessee has visited the site and entered into a contract in the current state of facilities (Provided, That this shall not apply to a lessor's assistance of 30 million won out of the cost of construction of the building);

2.The 30 million won subsidy shall be substituted with a security deposit and paid to the lessee on the date when the contract expires.

3. A three-month period shall be used free of charge, and a rental fee shall not be paid thereafter.

4. Management expenses shall be paid by the lessee;

5. To pay a rent in advance on October 25, 2017

(b).

B. The Defendant started construction upon delivery of the instant real estate, and up to now, possessed the instant real estate.

8. By January 25, 2018, the lessee shall pay 30 million won to the lessor when the Corporation does not proceed for the intended purpose.

9. The portion of the rent in arrears for three months is agreed to be paid by the lessor in the late payment on January 25, 2018;

C. On July 25, 2018, the Plaintiffs changed to KRW 3,500,000 per month, and added the following provisions to the special terms and conditions of the instant lease agreement.

The Defendant paid KRW 6,600,000 to the Plaintiffs from May 14, 2018 to July 31, 2018.

The Defendant’s unpaid rent is KRW 5,200,00 (= KRW 13,200,000 (= KRW 2,200,000 x 6 months) from January 25, 2018 to July 24, 2019 + KRW 42,00,000 from July 25, 2018 to July 24, 2019 + KRW 3,50,000 x 12 months).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, and Eul evidence 9 are numbers.

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