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(영문) 수원지방법원 2020.10.14 2020가단531464
건물인도
Text

The Defendant, as the Plaintiff

(a) deliver the third and fourth floors of the buildings listed in the annex list;

B. 84,100,000 won and May 1, 2020

Reasons

1. On December 1, 2014, the Plaintiff, the owner of the building listed in the attached list of basic facts (hereinafter “instant building”) leased the fourth floor of the instant building to the Defendant as KRW 10 million, KRW 21.6 million, KRW 21.6 million, and KRW 24 months, and around that time, the Plaintiff received KRW 10 million from the Defendant and handed over the fourth floor of the instant building to the Defendant.

On August 1, 2016, the Plaintiff leased the entire building of this case to the Defendant with a deposit of KRW 100 million (in lieu of the existing deposit of KRW 10 million), monthly rent of KRW 10 million, and the period of KRW 5 million, and around that time, the remainder of the building of this case was handed over to the Defendant.

On March 30, 2018, the Plaintiff entered into a lease agreement with the Defendant on the condition that the third and fourth floors of the instant building were KRW 10 million in deposit, KRW 3 million in monthly rent (excluding value-added tax after March 30, 2018), and the period from March 30, 2018 to March 29, 2019. At that time, the Plaintiff received from the Defendant the remainder other than the third and fourth floors of the instant building.

On May 18, 2018, the Plaintiff agreed with the Defendant (hereinafter “instant agreement”) as follows.

The Defendant’s payment of KRW 21,560,000 to the Plaintiff for the fourth floor rent of KRW 21,560,000,000, which was unpaid from December 30, 2016 to April 30, 2018, shall be completed on May 18, 2018, on condition that the Plaintiff shall pay KRW 1,1560,000 to the Plaintiff on May 31, 2018.

The defendant shall pay 25 million won per month to the plaintiff, out of the construction cost of remodeling the instant building, which is proceeding on May 18, 2018.

On June 1, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the second, third, and fourth, among the instant building, as one year until May 30, 202, with a deposit of KRW 20 million, monthly rent of KRW 4 million (excluding value added tax on May 30, 202), and a period of KRW 4 million.

On January 1, 2020, the Plaintiff: (a) the fourth floor of the instant building is KRW 10 million; and (b) the amount of value-added tax shall be paid on the 30th of each month on the 2 million monthly rent.

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