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(영문) 서울서부지방법원 2019.01.17 2018가단10572
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver all of 159.30 square meters per floor among the buildings listed in the attached list;

(b)21,617,695 won;

Reasons

1. Facts of recognition;

A. On April 2015, the Plaintiff, including the conclusion of the instant lease agreement, entered into a lease agreement with the Defendant on a deposit of KRW 50 million for the entire building of KRW 159.30 square meters on the first floor (hereinafter “instant leased building”) among the buildings listed in the attached Table, with the Defendant and the Defendant, with respect to KRW 50 million per month, KRW 50 million per month, KRW 330,000 per month, management expenses (including surtax), and the period of April 12, 2017 (hereinafter “instant lease agreement”), and the Defendant operated a car page at around that time.

B. (1) On February 19, 2018, the Plaintiff did not pay to the Defendant a total of KRW 21,461,450 (a total of approximately four months of unpaid rent and management fee (an amount not paid) as of January 19, 2018, and appears to be an obvious clerical error on February 26, 2019 ( February 26, 2018).

(2) The Defendant’s rent and management expenses unpaid as of June 30, 2018 constituted KRW 21,617,695.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts as seen earlier prior to the determination on the cause of the claim, the instant lease agreement was made by implied renewal and extended the period, but was terminated on the ground of the Defendant’s delinquency in paying more than three years of rent, and the Defendant is obligated to deliver the leased building to the Plaintiff, barring special circumstances.

Furthermore, I examine the plaintiff's monetary claim.

The monthly rent and management expenses under the instant lease agreement are 5.33 million won, the fact that the Defendant continues to possess and use the leased building of this case, and the fact that the Defendant’s rent and management expenses that were not paid by the Defendant as of June 30, 2018 are equivalent to KRW 21,617,695, as seen earlier. Unless there are special circumstances, the rent and management expenses after the termination of the instant lease agreement shall also be 5.33 million won per month.

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