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(영문) 서울중앙지방법원 2019.05.07 2018가단24149
건물명도등 청구의 소
Text

1. The defendant shall pay KRW 1,028,740 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On July 23, 2003, when the Defendant leased and used the first floor D (hereinafter “instant store”) among the Seoul Jung-gu Seoul Building (hereinafter “instant building”), the Plaintiff acquired ownership by winning a successful bid at a voluntary auction vehicle.

B. On September 29, 2003, the Defendant agreed on September 29, 2003 to pay overdue interest of 30% per annum for overdue rent when concluding a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the instant store at KRW 10 million per month, and KRW 800,000 per month.

C. While the instant lease agreement was explicitly or implicitly renewed, the Plaintiff and the Defendant adjusted the rent at KRW 700,000 per month on June 30, 2010.

The Defendant did not pay rent after December 22, 2017, and on March 20, 2018, the Plaintiff notified the Defendant of the termination of the instant lease on the ground that the rent was overdue.

E. On February 23, 2019, the Defendant notified the Plaintiff of the delivery of the instant store through the preparatory documents, and the said preparatory documents reached the Plaintiff on March 5, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 7 each entry (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the assertion

A. The summary of the argument 1) The defendant alleged by the plaintiff did not pay rent of KRW 4,80,000 for six months from July 23, 2003 when the plaintiff acquired ownership of the building of this case (i.e., KRW 800,000 x 6 months) and rent from December 22, 2017 to March 5, 2019, which is the delivery date of the store of this case. Even if the rent of KRW 10,000 is appropriated for unpaid rent and overdue interest, the defendant shall pay the plaintiff the unpaid rent of KRW 6,625,00,00 more. 2) The defendant's argument that the rent for two months from July 23, 2003 and August 2 is exempted by agreement between the plaintiff and the defendant, or the defendant's return claim against E, a lessor of this case, is transferred to the plaintiff.

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