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(영문) 서울중앙지방법원 2021.02.05 2020가단5195094
건물인도
Text

The Defendant, as the Plaintiff

(a) deliver the second floor of 107.22 square meters among the buildings listed in the attached list;

B. 40,000 won and December 10, 2019

Reasons

1. Basic facts

A. On May 10, 2019, the Plaintiff entered into a lease contract with Defendant (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,700,000, and the contract term from May 10, 2019 to May 9, 2020 (hereinafter “the instant lease contract”). At that time, the Plaintiff handed over the instant real estate to the Defendant.

B. Article 4 of the instant lease agreement states, “If the overdue charge of the rent of the rent of the rent of the rent of the rent of the rent of the three period, the lessor may terminate this agreement immediately.” As a special agreement, the lessor’s payment of management fee of KRW 130,00,000, monthly water rate of KRW 20,000,000, monthly water rate of KRW 20,000,000,000

5. Monthly rent is KRW 1.7 million and value added tax is separate (10%). The Defendant paid to the Plaintiff KRW 2,020,000 per month in accordance with the above special agreement (i.e., value added tax of KRW 1,700,000 (= value added tax of KRW 170,000), according to the above special agreement.

(c)

The Defendant paid the Plaintiff KRW 14,100,000 in total among the rent up to December 9, 2019, and paid KRW 40,000 to the Plaintiff. The Defendant did not pay the rent after December 10, 2019.

(d)

On June 16, 2020, the Plaintiff sent a written notice to the Defendant stating that “The rent for six months from January 2020 to June 2020 is overdue, and shall be notified in writing.” On June 18, 2020, the Defendant was served with a certified mail around June 18, 202.

【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that it was not paid by the Defendant for more than three occasions, and the Plaintiff terminated the instant lease agreement by serving a duplicate of the instant complaint on the Plaintiff.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the unpaid rent or unfair profit.

B. The defendant's assertion.

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