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(영문) 서울남부지방법원 2016.06.15 2015가단28726
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached list, 521 square meters (including rooms, bathroomss) of 5 stories (16.5 square meters), among the buildings listed in the attached list.

Reasons

Ⅰ. Progress of the case (no dispute)

1. On June 3, 2010, the Plaintiff leased the entire building as indicated in the [Attachment List owned by it (hereinafter “the building of this case”) by setting the lease deposit amount of KRW 100 million and monthly rent of KRW 15 million.

2. Conclusion of a sublease contract;

A. On February 24, 2011, the Plaintiff entered into a sub-lease contract with the Defendant as follows to use the whole of the 5th floor of the instant building for the purpose of the Defendant’s dormitory type as to the whole of the 5th floor among the instant building and the 1,250,000 won for the deposit and monthly use, respectively, from February 25, 201 to February 24, 201:

B. On March 24, 2012, the original Defendant concluded a renewal contract with the same content as above, but on November 24, 2012, reduced the sub-lease to 18 units from among the five floors of the instant building to 18 units of the instant building, and entered into an alteration contract with each of the deposit and monthly rent to 9 million won (excluding value added tax).

C. Finally, as follows, with the Defendant on February 27, 2014, the Plaintiff entered into a sub-lease contract with the term of two years from March 1, 2014 to February 28, 2016 (hereafter referred to as the "sub-lease contract" in this paragraph) - 13 units: 502, 510 through 521 - 605,000 won (including additional tax) for each of the five floors of the instant building: The Plaintiff shall pay the Plaintiff as the designated account on the last day of the relevant banking day.

3. Occurrence of dispute;

A. Since December 2014, the Defendant delayed the payment of monthly rent.

B. On February 25, 2015, the Defendant sent the following proof to the Plaintiff.

- The Plaintiff’s individual contact is to be made to the students and graduates of the Defendant in order to resolve the problem of merit of the building of this case.

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