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(영문) 서울남부지방법원 2017.11.15 2016가단262028
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate 147.87 square meters on the attached list, indication 1, 2, 3, 4, 5, 6, 7, 7, of the attached Form No. 1, 147.

Reasons

1. Facts of recognition;

A. On July 21, 201, the Plaintiff leased part of the real estate 147.87 square meters (the part in paragraph (a) of this case; hereinafter “instant commercial building”) among the real estate 1st floor indicated in the attached Table list to the Defendant, with the lease deposit of KRW 50,000,000, monthly rent of KRW 4,500,000 (the subsequent payment of value-added tax on July 1, 201) and the lease period of KRW 4,50,000, from July 21, 201 to March 21, 2012, and thereafter the lease was renewed.

B. The Plaintiff, as the monthly rent of the instant lease agreement, was reduced to KRW 4,000,000 for a limited period of one year from October 2012 (excluding value-added tax).

C. Around March 12, 2014, the Plaintiff returned to the Defendant the following: “The rent of KRW 4,000,000 for a limited period of one year from October 1, 2013 to KRW 4,500,000: (i) KRW 12,00,000 for September 7, 2013 (=4,000,000 x 3 months x 3 months); (ii) KRW 13,50,000 for December 11, 2013 (= KRW 4,50,000 x 3 months); and (iii) KRW 9,00,00 for February 1, 2014 (=4,50,500 x 2 months); and (iv) KRW 34,50,00 for value-added tax (excluding 3 months).”

Gap 4-1

D. The Plaintiff appropriated KRW 4,400,000 as of March 31, 2014, KRW 4,400 as of July 2013, KRW 22,00,00 as of April 24, 2014, to December 18, 2013, KRW 4,400,00 as of July 18, 2014, KRW 4,400,00 as of September 29, 2014, and KRW 4,40,00 as of December 4, 2014, and KRW 4,40,000 as of January 4, 2014, and KRW 4,40,000 as of January 9, 2015, from January 2014 to December 14, 2014, respectively.

E. On January 27, 2015, the Plaintiff sent to the Defendant a certificate stating that “The rent for a period of five minutes from May 2014 to December 2014 (the rent of KRW 4,500,000 per month) was overdue, and the Plaintiff paid the overdue rent and delay damages until January 31, 2015.”

F. Thereafter, from March 6, 2015 to May 31, 2016, the Defendant paid a total of KRW 45,800,000 to the Plaintiff.

G. On June 22, 2016, the Plaintiff did not have a lease deposit remaining after deducting the difference in arrears from the lease deposit to the Defendant.

The lease deposit shall be paid by July 15, 2016.

(e) the balance;

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