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(영문) 서울중앙지방법원 2018.04.25 2017가합526065
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land indicated in attached Table 1-D of the attached Table 1.

B. C is registered as an owner in each register of the lands listed in Section 1-A, Section 2, and Section 1-C in the separate sheet.

C. The Defendant entered into a lease agreement with the Plaintiff, C, and D (hereinafter collectively referred to as “Plaintiff, etc.”) on each land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”). The Plaintiff, etc. filed a lawsuit against the Defendant on the ground of the delinquency in rent as Seoul Eastern District Court 2014Gahap1612, and the conciliation was concluded on April 15, 2014 between the Plaintiff, etc. and the Defendant.

1. It is confirmed that a lease agreement between the Plaintiff, etc. and the Defendant (excluding value-added tax) was concluded between May 1, 2014 to April 30, 2016, which is KRW 65,000,000, monthly rent, and KRW 6,700,000 (excluding value-added tax) for each land listed in the separate sheet.

(1) The Defendant shall pay the Plaintiff, etc. KRW 15,00,000 as the deposit for lease on May 30, 2014, KRW 15,000,000 as the deposit for lease, and KRW 25,00,00,00 as the deposit for lease on October 31, 2014.

3.(a)

If the defendant has failed to pay the rent for at least three months in the month specified in paragraph (1) or has paid the deposit for lease under paragraph (2) once, the defendant shall immediately leave the building as specified in paragraph (2) of the attached Table and remove each of the above buildings.

B. The defendant bears charges for compelling the performance imposed in relation to each of the above buildings, and charges for occupation and use imposed in relation to the instant lease agreement.

4. The Plaintiff, etc. immediately withdraw an application for provisional seizure of real estate from the Seoul Eastern District Court 2013Kadan10375, supra, upon receipt of KRW 15,00,000 as stated in paragraph (2) of May 30, 2014.

Plaintiff

According to the above conciliation, etc., upon receipt of the decision of alternative enforcement on May 8, 2015, the attached Table 2 of April 22, 2016.

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