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(영문) 서울동부지방법원 2020.11.24 2020가단104591
건물인도
Text

The Defendants deliver to the Plaintiff the buildings indicated in the attached list.

Defendant B’s KRW 3,00,000 and this shall apply to the Plaintiff.

Reasons

1. According to the evidence evidence Nos. 1 through 7, 2018, the Plaintiff entered into a lease agreement with Defendant B on August 27, 2018 with respect to the building listed in the separate sheet (hereinafter “instant building”) with Defendant B (hereinafter “instant building”) and the following: (a) the lease agreement was concluded between September 15, 2018 and September 14, 2019; and (b) the implied renewal was made; (c) the Plaintiff was occupied the instant building; (d) the Plaintiff was only paid two rents; and (e) the Plaintiff, around December 2, 2019, sent the Defendants the message that the lease agreement was terminated on the grounds of the rent delay; and (e) the Plaintiff sent the instant building to the Defendants by not later than September 15, 2018.

2. Determination

A. According to the facts of the determination on the request for extradition, the Defendants are obligated to deliver the instant building to the Plaintiff on the ground that the lease agreement was terminated on December 2, 2019.

B. According to the above facts, Defendant B, a lessee, is obligated to pay to the Plaintiff 3,00,000 won (=13,000,000 rent for 13 months - deposit 10,000,000 lease deposit - 10,000,000 won - 10,0000,000 won from the following day after the delivery of a copy of the application for modification of the purport of the claim as of October 15, 2020, from October 21, 2020 to December 14, 2019, after deducting the deposit for lease from the unpaid rent for 13 months from the unpaid rent for 15 months from September 15, 2018 to December 14, 2019, to the Plaintiff at the rate of 15,0000,0000,0000 per annum from the following day after the date of delivery of a copy of the application for alteration of the claim as of this case.

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