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(영문) 서울동부지방법원 2020.09.10 2019가단139805
건물명도(인도)등
Text

Defendant B’s KRW 26,400,000 per annum for the Plaintiff and 6% per annum from July 25, 2019 to September 10, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. 1) On March 1, 2018, between the Plaintiff and Defendant B, a lease agreement on the first floor of the instant building (hereinafter “instant first floor”) and the first floor of the instant building.

(1) Defendant B entered into a lease agreement with the following terms: (a) KRW 10,00,000; (b) monthly rent of KRW 1,50,00; and (c) monthly rent of KRW 7% (excluding value-added tax); and (d) period from March 1, 2018 to February 28, 2019; (b) lease agreement was entered into between March 1, 2018 and February 28, 2019 (hereinafter

(2) On April 14, 2018, Defendant B registered his/her business under the trade name “D” and discontinued his/her business from August 2018 after running a general restaurant business on the first floor of this case. Defendant B discontinued his/her business on December 31, 2018.

3) After the conclusion of the first-class lease agreement, Defendant B did not pay the Plaintiff the lease deposit and the remainder monthly rent in addition to the monthly rent of KRW 1.65 million for the end of May 31, 2018. (c) On July 12, 2016, the Plaintiff entered into a lease agreement with Defendant B on the fourth floor of the instant building with the lessee as “E” as the lease deposit for the fourth floor (hereinafter “instant fourth floor”) from July 12, 2016, with the lessee as “E” as the lease deposit amount of KRW 20 million,000,000, monthly rent of KRW 1,800,000 (excluding value-added tax) and management fee of KRW 20,000 (excluding value-added tax), and the period from July 12, 2016 to July 11, 2017.

(2) On July 12, 2017, the Plaintiff entered into a lease agreement with Defendant B to change the name of the lessee of the instant fourth floor from July 12, 2017 to Defendant B, and concluded a lease agreement with the terms of KRW 20,000,000 for deposit for lease, monthly rent of KRW 2,00,000 for management expenses (excluding value-added tax) and the period from July 12, 2017 to July 24, 2018 (hereinafter “second fourth-story lease agreement”).

(3) In other words, on July 25, 2018, the Plaintiff is subject to the same conditions as the foregoing 2 with Defendant B on the fourth floor of this case, and the period from July 25, 2018 to July 2019.

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