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(영문) 서울중앙지방법원 2016.09.29 2016가단5052596
부동산인도등 청구
Text

1. The defendant against the plaintiffs

(a) deliver the real estate listed in the separate sheet;

B. 23,066,130 won and June 22, 2016

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners who own each 1/2 shares of the Gangnam-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant building”).

B. On September 22, 2015, the Plaintiffs: (a) leased all the 5th floor of the instant building to the Defendant with a lease deposit of KRW 30 million; (b) monthly rent of KRW 5.5 million; (c) management expenses (Additional tax separate); (d) monthly management expenses; and (e) the lease period from October 22, 2015 to October 21, 2017, determined and leased all the 5th floor of the instant building to the Defendant.

(hereinafter “instant lease agreement”). C.

After filing the instant lawsuit, the Plaintiff and the Defendant filed the instant lawsuit on April 26, 2016, for the same year by the Defendant.

3. Total amount of 39,116,258 won, including rent, etc. that has not been paid until April 31, 2016, ① KRW 7,1150,128,000 and public charges of KRW 350,128,200 and ② up to May 10, 2016, KRW 16,572,60 and public charges of KRW 743,530, and KRW 743,530, March 31, 2016; and KRW 14,330,000 if public charges are paid, the Plaintiff would be exempted from the remainder of 1,430,000 won. If the Defendant did not perform this, the Defendant recognized that the lease contract of this case was terminated and agreed to deliver the Plaintiff the building of this case.

By April 30, 2016, the defendant deposited the rent, management fee, and public charge 7,50,128 won.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. The instant lease contract was terminated by the delivery of a copy of the complaint of this case indicating the Plaintiff’s intent to terminate the instant lease contract on the grounds that the Defendant delayed payment of rent, etc. at least three occasions.

The Defendant is obligated to deliver the five floors of the instant building, which is the object leased, to the Plaintiff, and pay the amount equivalent to KRW 7,500,128, and KRW 30,000,000,000,000 from June 22, 2016, deducting the Defendant’s deposit from KRW 7,566,130 and KRW 7,150,000 per month from June 22, 2016 to the delivery of the five floors of the instant building.

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