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(영문) 서울중앙지방법원 2020.04.17 2019가단5179621
부동산 인도 청구 등의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 127,82,860 and the interest rate of KRW 18% per annum from November 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On October 23, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the lease deposit of KRW 100,000,000,000, monthly rent of KRW 8,000,000, management expenses, and KRW 2,000,000,00 (excluding the monthly rent and management expenses, road occupancy charges, environmental improvement charges, and septic tank cleaning expenses) with respect to the third floor of building C in Gangnam-gu, Seoul and the fifth floor of the same building (hereinafter “instant real estate”).

B. The main contents of the instant lease agreement are as follows.

Article 3 The lessee may not change the purpose or structure of the above real estate, sublease it or provide security without the consent of the lessor, or use it for any purpose other than the purpose of lease.

Article 4 In case the lessee has failed to pay the rent more than twice, or the lessee has violated the provisions of Article 3, the lessor may terminate the contract.

Matters of special agreement

3. The parking shall be assigned to six vehicles underground, one of which shall be assigned to the motor vehicle on the ground.

6. If the lessee fails to pay rent two or more times, the arrears of 18% per annum shall be paid including the arrears together with the rent.

C. On November 30, 2018, the Defendant paid monthly rent, management fee, etc. to the Plaintiff by November 30, 2018, and thereafter did not pay monthly rent, etc., and when calculating the unpaid monthly rent, management fee, etc., it is listed in the following table.

On March 19, 2019, the Plaintiff paid the Defendant the unpaid monthly rent, management expenses, and additional dues in arrears, up to March 31, 2019, and sent a document verifying that the instant lease contract is terminated if the Plaintiff failed to implement the said payment, and notified the Plaintiff of the change in the use and structure of the instant real estate on March 28, 2019, and expressed his/her intent to terminate the instant lease agreement on June 3, 2019 on the grounds of the unpaid rent, management expenses, and additional dues in arrears.

E. The Defendant’s instant case to the Plaintiff around December 3, 2019.

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