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(영문) 서울남부지방법원 2017.11.07 2016가단38430
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 49,680,200 and as regards it,

Reasons

1. Facts of recognition;

A. On September 2, 2016, the Plaintiff shared 1/2 shares of each of the building of Eunpyeong-gu and Seoul Eunpyeong-gu and 5th ground (hereinafter “instant building”) and completed the registration of ownership transfer by purchasing C’s co-ownership shares on the instant building on September 2, 2016.

B. On June 12, 2002, the plaintiff was partly part of the fourth and fifth floors of the building of this case on June 12, 2002, attached Table 2 B and C.

The real estate stated in paragraph (1) (hereinafter referred to as the “real estate of this case”) was leased with a deposit of KRW 30 million, KRW 1.9 million per month, and the lease term of KRW 3,000,000 per month, and KRW 2,000 per attached Table 2, which is part of the third floor of the building of this case, around 2008.

The real estate stated in the subsection (hereinafter referred to as “instant 2 real estate”) was leased KRW 20 million per deposit and KRW 23 million per month per rent.

C. The Defendant, upon delivery of the instant 1, 2 real estate from the Plaintiff, operates the KOB, and each of the above lease agreements and the instant modified contract, which are described below, have been implicitly renewed several times.

On October 21, 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate, with a deposit of KRW 30 million, KRW 3 million per month, KRW 500,000 per month, and building management expenses, and the lease term of KRW 20 million per month, KRW 250,000 per month, and KRW 500,000 per month, and the lease term of the instant real estate as of October 21, 2014 (hereinafter referred to as “instant lease agreement”). The Plaintiff paid KRW 6.5 million per month, in total of adjusted rents and management expenses (hereinafter referred to as “instant rent, etc.”) from October 2012.

E. However, after the conclusion of the instant modified contract, the Defendant paid approximately KRW 5.5 million to the Plaintiff, among the rent and management expenses, and as of October 12, 2016, the sum of the rent and management expenses unpaid by the Defendant for 48 months (from October 13, 2012 to October 12, 2016) from October 12, 2016, is KRW 79,790,200.

F. The Defendant shall pay the Plaintiff value-added tax of KRW 3.9 million up to January 7, 2015.

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