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(영문) 서울중앙지방법원 2021.01.27 2020가단14282
건물인도 청구의 소
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list. 2. Defendant B delivered the Plaintiff KRW 1,890,000 and March 2, 2020.

Reasons

If the purport of the entire argument is added to the statement of evidence No. 1 to No. 3, Defendant B owned the building listed in the separate sheet from the plaintiff since before 2017 (the plaintiff owned 6/10 shares, and the remaining shares are owned by his/her father and wife.

On January 1, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff by setting the lease deposit of KRW 35 million, monthly rent of KRW 3300,000 (including value added tax), and by December 31, 2021, respectively. At the time of the instant lease agreement, the Plaintiff may terminate the lease agreement if the Defendant B fails to pay rent of at least three years, and the Defendant B shall pay the Plaintiff the deposit of KRW 35 million by December 31, 2019, and the Plaintiff shall be paid KRW 400,000 per month from January 1, 2019 to the time of payment of the deposit, KRW 200,000,000,000,000 to KRW 400,000,000,000,000,000,000,000,000 won by December 31, 2019.

One of the arguments does not resume the pleading because there is no evidence to acknowledge it;

Defendant C is recognized as the mother of Defendant B, who occupies and uses the instant building together with Defendant B.

According to the above facts, the lease contract of this case was terminated due to the non-payment of the deposit and rent of Defendant B.

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