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(영문) 서울동부지방법원 2018.05.01 2017가단139382
건물명도(인도)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 9,072,850 as well as the interest rate from January 16, 2018 to the day of full payment.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the Parties, or may be admitted by adding to the whole purport of the pleadings the entries in Gap evidence 1 to 5 (including paper numbers).

(1) On January 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants (Defendant A) and real estate listed in the separate sheet (hereinafter “instant commercial building”) by setting the lease term from January 20, 2016 to January 19, 2021; the lease deposit is KRW 50,000,000; the lease deposit is KRW 4,400,000 on the rent month; and the last day of each month on the rent payment date; and the main contents are as follows.

Article 4 If the lessee has failed to pay the rent more than three times or has violated the provisions of Article 3, the lessor may terminate the contract.

Matters of special agreement

1. The lease contract is the condition of the basic facilities, and the lessee shall restore it to its original state upon maturity;

3. The lessor shall be exempted from the rent by the end of February 2016;

6. Conditions under which a deposit is paid of KRW 32 square meters and monthly rent of KRW 183.307 square meters, on condition that a lessee uses approximately 105 square meters in total, 183.307 square meters (in addition, by reducing the amount until the date before the court and the prosecutor's office is relocated, KRW 00,000,000,000,000,000,000,000). 10. The lessee cannot claim for beneficial expenses and necessary expenses to the lessor

11.In the event that the lessee’s failure to perform this contract is terminated, the settlement shall be made to the lessor retroactively by calculating the amount discounted monthly rent as normal rent.

(2) The Defendants paid all the lease deposit to the Plaintiff, and received delivery of the instant commercial building on January 20, 2016 and operated the C Licensed Real Estate Agent Office together.

(3) While the Defendants were occupying and using the instant commercial building, they began to be in arrears from February 2017 to the end of this month, and the Plaintiff did not pay the overdue car to Defendant B until September 29, 2017.

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