(영문) 서울남부지방법원 2018.01.26 2017가단220915

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(영문) 서울남부지방법원 2018.01.26 2017가단220915

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, among the first floor of the underground floors of the building listed in the separate sheet.

Reasons

1. In full view of the purport of the entire pleadings as to the Plaintiff’s claim, the Plaintiff, a lessor, and the Defendant, as the lessee, on July 1, 2016, based on the evidence Nos. 1 through 4, 6 through 10, and evidence Nos. 11-1 and 2.

The fact that the lease deposit is KRW 70,000,000,000 for the building specified in the port (hereinafter referred to as “the instant building”) and the monthly rent of KRW 21,00,000 (a separate value-added tax, management fee), and the lease of the instant letter of interest to the Defendant (hereinafter referred to as “the lease in this case”) on August 31, 2017, the Plaintiff and the Defendant agreed to KRW 2,425,50 with the monthly rent in this case raised by 5% from September 1, 2016, and the Defendant delayed the operation of the instant letter of interest in this case to April 2017, and the Plaintiff may recognize the fact that the Plaintiff, on the grounds of the Defendant’s delinquency in payment, was served as a duplicate of the instant complaint.

According to the above facts, the lease of this case terminated by the termination of the plaintiff's termination due to the defendant's delinquency in rent.

Therefore, the defendant is obligated to deliver to the plaintiff the private letter of this case which is the object leased.

In addition, according to the above evidence, the defendant can recognize that the plaintiff did not pay the total amount of 48,520,350 won (as of November 2017) as stated in the item column for the imposition and payment of management fees in attached Form 48,520,350 (as of November 2017), and the total amount of monthly rent in arrears from April 2017 to December 2017 (i.e., KRW 21,829,500 x 9 months). Thus, the above total amount of 70,349,850 won (i.e., KRW 48,520,350 overdue management fees in arrears 48,520,350) was deducted from the lease deposit amount to be paid by the plaintiff to the defendant, and as the plaintiff seeks, the defendant is obligated to pay the amount equivalent to 7,829,500,000 won to the plaintiff from January 1, 2018 to December 25 or 2000.

2. The defendant.

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