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(영문) 서울남부지방법원 2019.08.20 2017가단13957
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The payment of KRW 3,090,000 is received from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On June 28, 2012, C leased the building 107.25 square meters on the second floor of the building indicated in the attached Table list (hereinafter “instant building”) to the Defendant by setting the deposit amount of KRW 10 million, monthly rent of KRW 700,000, and the lease period from June 26, 2012 to June 26, 2014.

B. On June 26, 2016, the Plaintiff acquired ownership of the entire building of this case, and concluded a lease contract again with the Defendant on June 26, 2016, with a deposit of KRW 6.7 million, monthly rent of KRW 900,000, and one year for the lease term.

(hereinafter “instant lease agreement”). C.

On March 22, 2017, the Plaintiff notified the Defendant of his intention not to renew the instant lease agreement upon the expiration of the term, and reached the Defendant at that time.

The rent generated from July 2016 to June 2019 under the instant lease agreement is KRW 32.4 million (= KRW 900,000 per month x 36 months). The Defendant paid KRW 29.6 million among them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 11, 17 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts, the lease contract of this case was terminated on June 26, 2017 by the Plaintiff’s declaration of rejection of renewal. The Defendant’s unpaid rent of 3,610,00 won as of July 23, 2019 sought by the Plaintiff [3,240,000 won = 90,000 won + 27/30 (from June 27, 2019 to July 23, 2019)]. Thus, the Defendant is obligated to pay the building of this case to the Plaintiff at the same time after deducting the unpaid rent of 3,610,000 won from the Plaintiff, and to deliver the building of this case from July 24, 2019 to July 24, 2019.

B. Determination of the Defendant’s assertion 1, the Defendant sought a new lessee, but the Plaintiff is a new lessee.

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