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(영문) 서울중앙지방법원 2019.01.24 2018가단34627
부동산인도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) the attached drawings 1, 2, 3, 4, 5, 6, among the real estate listed in the attached list;

Reasons

1. Basic facts

A. On June 1, 2017, the Plaintiff issued an order for ownership No. 1-A.

The term of lease from May 16, 2017 to May 15, 2019, the deposit amount of KRW 50,000,000, monthly rent of KRW 7,150,000 (including value-added tax), monthly management expenses of KRW 220,00 (including value-added tax) was determined to be leased to Nonparty C.

(hereinafter “Lease of this case”). (b)

On January 12, 2018, with the agreement between the Plaintiff, C and the Defendant, the lessee of the instant lease succeeds to the possession of the instant real estate by changing the Defendant from C to the Defendant, and the Defendant agreed to pay the Plaintiff the monthly rent from January 12, 2018 to the Plaintiff on January 12, 2018.

C. After the lessee’s change, the Defendant continued to delay the rent and management expenses for four months, and on May 24, 2018, the Plaintiff notified the Defendant of his/her intention to terminate the instant lease agreement based on Article 15(1)1 of the instant lease agreement, which provides that the lessee may terminate the contract when he/she has failed to pay the rent for at least three years. The notification of termination reached the Defendant around that time, and the lease of this case was lawfully terminated.

After all, the defendant paid 7,370,000 won to the plaintiff on June 18, 2018, for the rent and management expenses for the first month of the lease of this case, and the other party did not pay the rent and management expenses for the lease of this case to the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant shall deliver the instant real estate to the Plaintiff, and the ratio of KRW 7,370,00 per month from January 12, 2018 to May 11, 2018, to KRW 29,480,00, which is the sum of the rent and management fee for four months from January 12, 2018 to May 11, 2018, deducting KRW 7,370,00, which was paid by the Plaintiff from the Defendant on June 18, 2018, to KRW 22,110,00,000 in total of the rent and management fee for three months from June 18, 2018 and the amount of KRW 7,370,00 per month from May 12, 20.

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