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(영문) 서울서부지방법원 2014.11.12 2014가단20021
건물명도등
Text

1. The Defendant from May 11, 2013 to the completion date of delivery of the real estate listed in the separate sheet from KRW 117,00,000 to KRW 117,00.

Reasons

1. Basic facts

A. 1) On May 20, 2009, the Plaintiff entered into the instant lease agreement in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

The term of lease contract between the Defendant and the Defendant is KRW 130 million, and the term of lease from June 11, 2009 to June 11, 201 (hereinafter “the term of lease”) is the first lease contract of this case.

(2) On June 13, 201, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate (hereinafter “the instant secondary lease agreement”) with the terms of KRW 130 million, the term of lease from June 11, 201 to November 10, 2012, and the monthly rent of KRW 200,000 (the 11th of each month), and the lease deposit was substituted by the instant primary contract deposit.

3) According to the instant secondary contract, where the Defendant continually delays the payment of rent at least twice, the Plaintiff may terminate the contract (Article 4 of the contract). B. The Defendant paid KRW 200,000 on May 15, 2013, and later paid the rent of KRW 200,000 on April 2013.

2) On October 24, 2013, if the Plaintiff did not pay the monthly rent to the Defendant by the end of October, 2013, the Plaintiff sent text messages demanding the termination of the instant secondary contract and the delivery of real estate. Around December 16, 2013, the Plaintiff notified the Defendant of the demand to deliver real estate by February 2014. (C) Meanwhile, on February 11, 2014, the Plaintiff entered into the instant sales contract with C to pay KRW 265 million for the instant real estate, the intermediate payment was KRW 20 million for the contract date, the intermediate payment was KRW 50 million for the intermediate payment, and the intermediate payment was paid KRW 195 million for April 30, 2014 (hereinafter “the intermediate payment”).

2. In the instant sales contract, the Plaintiff is against C.

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