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(영문) 의정부지방법원고양지원 2020.10.28 2020가단77929
임대차계약해지 및 원상복구 명도
Text

The defendant shall deliver to the plaintiff all the five floors of the Yongsan-gu Seoul Metropolitan City C building in Yongsan-gu.

The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On September 16, 2009, the Plaintiff leased to D the entire five floors of the Yongsan-gu Seoul Special Metropolitan City Cbuilding owned by the Plaintiff (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2.4 million (each separate value-added tax and management fee; hereinafter the same shall apply) and the lease term of September 16, 201.

B. On August 201, the Defendant paid D the premium (including facility costs) for the instant real estate at KRW 120 million to D and received the right to the instant real estate from D.

C. On September 16, 201, the Plaintiff leased the lease deposit to the Defendant with respect to the instant real estate by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2.4 million, and the lease term from September 16, 2011 to September 15, 2013.

(hereinafter “Initial Lease Contract”). At that time, the Defendant received the instant real estate from the Plaintiff and operated the notified telecom with the said real estate.

The first lease contract has been made by implied renewal and continued to exist on a one-year basis, and in the process, the amount of overdue rent and management fee of the defendant has increased continuously.

E. Accordingly, the Plaintiff and the Defendant, upon renewal of the lease agreement on September 16, 2016, agreed to settle all overdue rent and management expenses, etc. up to 20 million won out of the first lease deposit of KRW 30,000,000,000,000,000,0000,0000,0000,000,0000,0000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000

(F) On September 15, 2018, the Plaintiff increased the monthly rent of the instant lease agreement with the Defendant to KRW 2.7 million and renewed the instant lease agreement.

G. On September 2, 2019, the Plaintiff is unable to maintain the instant lease agreement because the Defendant did not pay rent of KRW 13,907,100 as of September 2, 2019 to the Defendant.

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