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(영문) 서울중앙지방법원 2021.02.09 2019가단5293800
건물인도
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Lease deposit of this case (No. 20,000 won): Monthly rent of KRW 1,50,000 (in addition, separate imposition of KRW 25,00). Term of lease: If the overdue rent of a lessee (Defendant) from March 25, 2019 to March 24, 2020 falls short of three-term rents, or if he/she violates Article 3 (Change of Use and Sub-lease, etc.), the lessor (Plaintiff) may immediately terminate this contract (Article 4). The special agreement provides that no facilities may be installed on the site of the building [paragraph (5)] On the other hand, if a building is constructed, [paragraph (8)] the management cost of KRW 1,50,000,000,000 (prepayment of KRW 25,000). Although there is no dispute over the value of each of the parties to the contract to pay the rent in advance on March 25, 2019.

[Attachment 9] Paragraph 9: (a) When a rent is overdue for at least five days, the money is remitted when a rent is transferred. On February 22, 2019, the Plaintiff and the Defendant entered into a lease agreement with respect to the three-story building D (25 square meters in size; hereinafter “instant commercial building”) located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant lease agreement”). (b) At the time of the conclusion of the instant lease agreement, the Defendant paid the Plaintiff a deposit of KRW 20 million to the Plaintiff, and the Defendant started real estate brokerage in the name of the “official office” upon delivery of the instant commercial building from the Plaintiff on condition of parking.

(c)

Under the instant lease agreement, the Defendant, including the value added tax of KRW 1,650,00 on March 25, 2019, the sum of the rent of KRW 1,650,00 for the Plaintiff, and the management expenses of KRW 55,00 for the management expenses, and KRW 66,00 for the parking expenses (Evidence B No. 12). The Defendant paid KRW 1,71,700 on April 25, 2019, KRW 1,71,75,000 on May 29, 2019, KRW 1,265,000 on May 29, 2019, and KRW 1,705,00 on June 25, 2019, and KRW 80,000 on July 29, 2019, respectively, but did not pay the rent thereafter.

(d)..

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