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(영문) 서울동부지방법원 2019.07.05 2018가단21020
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. On October 17, 201, the Plaintiff leased the part on the first floor 57.08 square meters of underground among the Gangdong-gu Seoul Building (hereinafter “the first floor below the instant building”) to the Defendant with a deposit of 2 million won, monthly rent of 550,000 won, and the lease term of 2 years (hereinafter “the instant lease contract”). The instant lease contract was explicitly renewed thereafter. Meanwhile, from May 2014 to 50, the said monthly rent was reduced to KRW 500,000,000 from February 2016 to 200,000 that the leased object was reduced to KRW 157.08 square meters of the above building (attached list; hereinafter “the first floor below the instant building”) or was changed to KRW 600,000,000,000,000 for the following reasons to the Defendant on February 19, 201, on the ground that the lease contract was concluded to be appropriated to the Plaintiff on February 28, 19, 2019.

According to the above facts, the lease contract of this case was terminated on April 2, 2019 by the Plaintiff’s termination on the ground of the Defendant’s delay of at least two years of rent, and thus, the Defendant is obligated to deliver the first floor of this case to the Plaintiff.

2. On February 2016, the Defendant’s assertion regarding the instant lease agreement, as at the time of changing the leased object, the Defendant agreed between the Plaintiff and the Plaintiff to transfer the laundry, cooling and air conditioners owned by the Defendant, which were installed on the first floor below the instant building at the time of the said lease agreement, but the Plaintiff agreed to deduct the amount of the said transfer proceeds from the said payment once. As such, it cannot be said that there had been more than two-time rents at the time of the Plaintiff’s declaration of intent to terminate the lease agreement.

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