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(영문) 서울중앙지방법원 2017.05.31 2016가단143688
건물인도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings indicated in the attached Form “the indication of real estate”, the attached Form 9, 10, 14, 13.

Reasons

1. Facts of recognition;

A. On May 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the portion (a) of 312.54 square meters in the ship connected in sequence to each point of the attached Table 9, 10, 13, and 14 among the buildings indicated in “the indication of real estate” attached to the attached Table, which are owned by the Defendant, as follows (hereinafter “instant building”).

Article 4 (Term of Lease) This Agreement shall enter into force on May 1, 2016, and the term of lease for leased objects shall be April 30, 2019.

Article 5 (Rental Deposit) (1) The lease deposit shall be 86,470,230 won per day (monthly rent x 10 months) and the lessee shall simultaneously pay the lease deposit to the lessor as follows:

Article 6 (Rents) (1) The lessee shall pay the lessor the rent of KRW 8,647,023 (from the beginning of the relevant month to the end of the relevant month) by the 10th day of the relevant month.

(2) Where a lease contract period commences or terminates during a month, a monthly rent shall be calculated on a daily basis.

Article 13 (Value-Added Tax) Any value-added tax arising from this Agreement shall be borne by the lessee.

Provided, That value-added tax on rental deposit shall be borne by the lessor.

Article 24 (Termination of a Contract) (1) A lessor may terminate a contract in writing to a lessee in any of the following cases, and this contract shall be terminated ten days after the latter's intent reaches the lessee:

1. If the lessee has failed to pay the prescribed rent, management fee, or expenses for at least two consecutive months;

B. The Defendant paid only KRW 47,550,000 among the lease deposit to the Plaintiff, and the rent for May 2016 was paid on July 5, 2016, and was later in arrears.

C. On October 7, 2016, the Plaintiff notified the Defendant in writing of the termination of the instant lease agreement on the ground of the rent delay.

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