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Reasons
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(영문) 수원지방법원성남지원 2016.08.10 2016가단775
건물인도 등
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1. The defendant,

A. The real estate listed in the separate sheet No. 1 to the Plaintiff A, and the real estate listed in the separate sheet No. 2 to the Plaintiff B.

Reasons

1. Facts of recognition;

A. On January 12, 2015, the Defendant entered into a lease agreement (hereinafter collectively referred to as “instant lease agreement”) with the Plaintiff as to the real estate listed in the separate sheet No. 1 attached hereto (hereinafter collectively referred to as “instant real estate by aggregating the real estate listed in the separate sheet No. 1 and No. 2) between the Plaintiff and the Plaintiff as to each lease deposit of KRW 25,000,000, monthly rent of KRW 1,150,000, and the period from January 12, 2015 to January 11, 2017.

B. Under the instant lease agreement, the sum of KRW 10,00,000 among the lease deposit and intermediate payment is paid on January 12, 2015, and KRW 2,500,000 out of the remainder on April 15, 2015, and the remainder of KRW 12,500,000 out of the remainder on August 30, 2015 shall be paid, and the rent up to the portion on August 2015 shall be KRW 1,10,000 per month, and the rent up to the portion on September 2015 shall be KRW 1,150,000 per month. The Defendant paid KRW 10,000 out of the lease deposit to the Plaintiffs.

C. The Defendant leased the instant real estate and established a legal entity, planned to display and sell art works, etc., and concluded a new lease agreement with the Plaintiffs on September 2015.

However, the agreement was not reached in terms of the terms of a new lease agreement with the Plaintiffs and the Defendant regarding restitution, etc., and the scope of interior works, etc., and the Defendant did not pay the remainder of the lease deposit as agreed to the Plaintiffs.

Plaintiff

A notified the Defendant on September 14, 2015 that the instant lease agreement was terminated on September 30, 2015 due to the remainder payment. D.

The Defendant paid only the rent corresponding to the four-year portion to the Plaintiffs, and the unpaid rent up to the end of February 2016 was fully appropriated for the lease deposit.

The Defendant did not pay management expenses for the instant real estate from November 2015 to May 2016, and entered in the attached Table 1.

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