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(영문) 서울남부지방법원 2019.08.22 2018가단249708
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. It is usual from the lease deposit, such as overdue rent of KRW 35,00,000 from the Plaintiffs.

Reasons

1. Comprehensively taking account of the overall purport of the arguments stated in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiffs and the defendant concluded a lease deposit of KRW 35 million on November 27, 2017, monthly rent of KRW 3.5 million (excluding value-added tax, the last day of each month), and the lease contract from December 1, 2017 to November 30, 2019 (hereinafter "the lease contract of this case"). The defendant completed the establishment registration of the building of this case on November 23, 2017 with the location of the principal office of the defendant, and the defendant delivered the building of this case to the defendant on December 1, 2017, which included the lease contract of this case from July 1, 2018 to the termination date of the lease contract of this case, and the defendant filed a complaint of this case for late payment of KRW 30,0000,000 from July 1, 2018.

According to these facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to receive the remaining money from the plaintiffs after deducting the expenses deducted from the ordinary lease deposit such as overdue rent from the 35 million won of the lease deposit. At the same time, the defendant is obligated to deliver the building of this case to the plaintiffs. The defendant is obligated to pay to the plaintiffs the rent of this case calculated from October 1, 2018 to the completion of delivery of the building of this case at the rate of 3,850,000 won per month (the value-added tax of KRW 3.5 million per month).

2. As to the Defendant’s assertion, the Defendant, from July 10, 2018 to August 1, 2018, applies to the first patrol officer.

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