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(영문) 서울서부지방법원 2020.10.08 2020가단221023
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 16, 2020, 200 won and above.

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap's evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including various numbers), as to the cause of the claim, C leased the building (the whole third floor; hereinafter "the building of this case") indicated in the separate sheet to the defendant to KRW 20,000,000, monthly rent, KRW 1,550,000, monthly management expenses, and KRW 100,000 (total amount of KRW 1,650,000). The plaintiff acquired ownership of the whole building of this case from April 30, 2012, and succeeded to the lease agreement between Eul and the defendant on the ground that the plaintiff concluded the lease agreement with the defendant on September 6, 2013 with the extension of the lease term until September 16, 2015, the defendant extended the lease term between the defendant and the defendant on the ground that the lease contract of this case was extended to 10,606, June 16, 2019.

Meanwhile, until January 16, 2020, the Plaintiff received a total of KRW 119,800,000 from the Defendant as a rent, and on June 17, 2020, received additional KRW 25,000,000 from the Defendant.

In full view of the purport of the entire argument in the above facts, it is reasonable to view that the Defendant did not pay the amount of rent for at least three years around January 2018, and that the lease contract on the building of this case between the Plaintiff and the Defendant was lawfully terminated on or around January 2018 by the Plaintiff’s notice of termination around January 2018.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and KRW 200,000 = at least 100 months from May 1, 2012 to September 15, 2020 = 1,650,000 per month - KRW 119,800,000 per month - repayment of KRW 25,00 on June 17, 2020.

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