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(영문) 서울동부지방법원 2020.12.18 2020나22904
건물명도(인도)
Text

Of the judgment of the first instance, KRW 1,268,180 and February 25, 2020 shall be attached to the payment of money to the Appointor F.

Reasons

1. Basic facts

A. (1) On May 25, 2018, the Plaintiff, on May 25, 2018, changed the name of the Defendant (i.e., “Stock Company C”) from “C” to “K” on October 26, 2018, and (ii) on February 14, 2019 to “B” in sequence.

(D) The real estate stated in paragraph (1) of the attached list of real estate (hereinafter referred to as “D store”).

(C) A contract for the lease of 15,000,000 won in deposit, monthly rent of 1,413,000 won (including value-added tax) and the lease period of 1,554,300 won from June 30, 2018 to June 30, 2023 (hereinafter “first lease contract”).

(2) The Defendant concluded a contract with a special agreement that “The performance guarantee insurance policy (e.g., delayed rent, refund of deposit, restoration expenses, etc.) of KRW 1.5 million shall be replaced by the performance guarantee insurance policy for one year, and the deposit shall be paid from the second year to the original state, but may be extended as a performance guarantee insurance policy after consultation.” Accordingly, the Defendant around that time (hereinafter “E”).

(2) On May 25, 2018, F issued a performance guarantee insurance policy issued by the Defendant, and the Defendant entered into a contract for the lease of KRW 1,726,00 (including value-added tax, KRW 1,898,600) and the lease period from June 30, 2018 to June 30, 2023 (hereinafter referred to as “second lease contract”) with respect to the real estate listed in paragraph (2) of the attached Table of Real Estate List of Real Estate (hereinafter referred to as “G store”) with the Defendant, which was issued a performance guarantee insurance policy as described in the foregoing Paragraph (1). Accordingly, the Defendant provided the Plaintiff and the Selection’s store with the “Plaintiff, etc.” and issued the performance guarantee insurance policy issued from E at that time.

(3) Articles 1 and 2 provide that the lessor may immediately terminate the contract, where the lessee’s overdue overdue charge falls short of the three-dimensional overdue charge.

B. The defendant's monthly rent and rent.

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