(영문) 서울중앙지방법원 2017.01.12 2016가단5165027

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(영문) 서울중앙지방법원 2017.01.12 2016가단5165027

건물명도

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1. The defendant shall be the plaintiff.

A. Of the 77.56 square meters under the Dongjak-gu Seoul Metropolitan Government, the attached drawings 1, 2, 3, 4 and 1 respectively.

Reasons

1. Basic facts

A. A. On August 2009, the Plaintiff: (a) leased the attached drawings indicating 1,2, 3, 44, and 38.78 square meters (hereinafter “instant real property”) to the Defendant, among the attached drawings of 77.56 square meters under the Dongjak-gu Seoul Metropolitan Government, Seoul, by setting the lease deposit amount of KRW 10 million, and monthly rent of KRW 450,000,000,000,000,000.

B. The Defendant occupied the instant real estate on August 4, 2009, which was the starting date of lease, but did not pay the agreed deposit.

C. On February 23, 2010, the Defendant drafted a letter of commitment stating that “The Defendant would pay to the Plaintiff KRW 4 months of the prepaid rent by March 31, 2010, KRW 5 million out of the rental deposit by the end of July 2010, and KRW 5 million in the remainder of the rental deposit by the end of December of the same year.”

During the lease term of this case, the Plaintiff lent a total of KRW 15,673,90 to the Defendant from time to time as indicated in the “the deposit details sheet between the Plaintiff and the Defendant,” and the Defendant did not have objective data to know whether each of the transfers was intended for the repayment of the borrowed money or for the repayment of the rent for the lease of this case, as indicated in the “the deposit details of the Defendant” column.

E. The plaintiff notified the termination of the lease of this case by serving a written complaint of this case on the ground that the plaintiff failed to pay rent, and the defendant consented to the termination of the lease of this case on the date of pleading.

F. The Defendant completely paid the Plaintiff the rent up to August 3, 2016 with respect to the instant lease.

[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1 through 3, purport of the whole pleadings

2. Judgment on the issue

A. The monthly rent of KRW 450,000,000 as at the time of the instant lease is premised on the payment of KRW 10,000,00 as security deposit.

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