(영문) 서울북부지방법원 2020.05.07 2019가단18843

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(영문) 서울북부지방법원 2020.05.07 2019가단18843

건물인도 등

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1. The defendant shall be the plaintiff.

(a) Indication of the annexed drawings among the buildings listed in the annexed list, (1), (2), (3), (4), (5), (6) and (7);

Reasons

1. Indication of claim;

A. On April 3, 1994, the Plaintiff and the Defendant entered into a lease agreement without setting the lease term as KRW 18 million and KRW 600,000,00 (payment after the end of each month) with respect to the portion (A), which was 52.98 square meters in the ship (hereinafter “instant building”) connected in sequence with each of the items in the attached list owned by the Defendant and the Plaintiff, among the buildings listed in the attached list owned by the Plaintiff, and delivered the instant building to the Defendant without setting the lease term.

The monthly rent deposit shall be created in the form of accumulation, starting from April 2010 to 800,000 won per month.

The period shall be determined by 36 months and shall be determined by mutual consultation when major factors, such as the increase of monthly taxes, occur within the period.

B. Since 195, the Defendant was fully deducted from the lease deposit due to the delayed payment of the rent, and the lease deposit did not remain. As such, the Plaintiff demanded the Defendant to deliver the building.

Around that time, the Plaintiff and the Defendant agreed with each other and renewed the lease agreement with the following terms on March 30, 2010:

(hereinafter “instant lease agreement”). C.

The Defendant paid to the Plaintiff KRW 20 million on March 31, 2010, and KRW 25.5 million on April 1, 2010, a total of KRW 25.5 million on lease deposit and delayed payment.

From March 31, 2010 to March 31, 2013, lease deposit of KRW 15 million; KRW 15 million from April 1, 2013 to March 31, 2014; KRW 15 million from March 31, 2014 to March 31, 2014; KRW 15 million from May 1, 2014 to April 30, 2017; and KRW 2 million from May 1, 2017 to May 1, 2017; and KRW 2 million from the rent.

D. Since then, the Plaintiff and the Defendant have increased the rent without raising the deposit for lease as follows:

E. From April 2014 to October 2019, the Defendant delayed to pay KRW 54,700,000. The Plaintiff deducted KRW 15,000,000 from the lease deposit amount to KRW 15,000.

Accordingly, the rent in arrears by October 2019 is a total of 39,700,000 won.

F. The plaintiff is the second defendant.

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