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(영문) 서울중앙지방법원 2015.06.24 2015가단22548
건물인도등
Text

1. The Plaintiff, among the real estate listed in the attached list

A. Defendant C from February 1, 2015 to KRW 47 million from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On June 1, 2010, the Plaintiffs leased KRW 42.93 square meters to Defendant C, in order to connect each point of the items indicated in the separate sheet No. 1,2,5,6, and 1,500,000 won for lease deposit, monthly rent of KRW 42.93 square meters, and KRW 1,50,000 for lease deposit. The Plaintiffs leased KRW 26.4 square meters for lease deposit to Defendant D in sequence of each point indicated in the same map No. 7,89,10, and KRW 26.4 square meters for lease deposit, monthly rent of KRW 28.4 million, and KRW 8,000 for lease deposit, and each lease period was set by the renewal of the contract as of May 30, 2015.

B. The Defendants are in delivery of each of the above real estate, and Defendant C operates “E” at that place, and Defendant D operates “Flaundry”.

C. The Defendants did not pay monthly rent after February 2015, and the instant complaint containing the Plaintiff’s declaration of intent to terminate each of the instant lease agreements on the grounds of the Defendants’ delinquency in rent or termination of the lease term was sent respectively to the Defendants on March 5, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 11, the purport of the whole pleadings

2. Since each of the instant lease agreements terminated due to the Defendants’ delinquency in the payment of rent or the expiration of the period of May 30, 2015, the Defendants are obliged to receive the remainder money calculated by deducting the amount calculated by the rate of rent for the month agreed upon from the Plaintiffs from the Plaintiffs until the completion date of delivery of each of the instant real estate.

3. As to the Defendants’ assertion, Defendant C paid KRW 25 million to the former lessee at the time of the initial lease agreement, and Defendant C cannot comply with the instant claim before receiving the refund of KRW 30 million, which was agreed to pay by the Plaintiff, while paying the cost of the instant real estate-related charter agreement. However, in light of the grounds for termination of the instant lease agreement, it is legally or legally binding upon the Plaintiffs to secure the opportunity to recover the premium of Defendant C.

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