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(영문) 서울중앙지방법원 2019.09.06 2018가단5262045
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 5, 2016, the Plaintiff asserted that the 9th floor of the Gangnam-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant building”) was leased to the Defendant with a deposit of KRW 100,000,000, monthly rent of KRW 5,000,000, monthly management fee of KRW 2,360,000, monthly management fee of KRW 2,360,000, and the lease period of December 31, 2017, and thereafter extended the lease period on December 31, 2018.

The Defendant did not pay monthly rent and management expenses during the lease period, and the total amount of arrears exceeded the guaranteed amount, and the Plaintiff terminated the lease contract on December 20, 2018.

On March 10, 2019, the amount obtained by deducting the lease deposit from the rent, management fee, additional dues and late payment charge for the unpaid monthly rent, management fee, and late payment charge as of March 10, 2019 is KRW 74,239,827 (principal KRW 49,010,59

Meanwhile, the Plaintiff spent KRW 42,225,424 as the cost of restoring the instant building to its original state.

Therefore, the defendant reduced the claim amount to KRW 3,000,000 by filing an application for modification of the purport and cause of the claim submitted by the plaintiff after the closing of argument, including the unpaid monthly rent, management fee, etc., and restoration expenses, etc.

This constitutes partial withdrawal of a suit. This is considered to have consented to partial withdrawal of the suit, because the defendant was served with the above document and did not raise an objection within two weeks.

shall be liable to pay such amount.

2. Comprehensively taking account of the overall purport of the pleadings in each entry in B-1 through 3, the Plaintiff, the Defendant, and D (hereinafter “Defendant, etc.”) shall deliver the instant building to the Plaintiff on March 8, 2019, and the Defendant, etc. shall have paid KRW 20 million to the Plaintiff on March 10, 2019, and the claims and obligations between the Plaintiff and the Defendant, etc. shall remain, and the remaining claims and obligations shall be waived, and the Defendant, etc. shall pay the said money by May 10, 2019 (hereinafter “instant agreement”) and notarized the said agreement, and the Defendant transferred the instant building to the Plaintiff on March 9, 2019, and paid KRW 20 million to the Plaintiff on April 17, 2019.

According to the above facts, the agreement of this case is reached.

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