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(영문) 광주지방법원 2019.09.20 2019가단506577
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants, among the real estate listed in the separate sheet, shall be listed as Annex 1, 2, 3, 4, 5, and 6.

Reasons

1. Basic facts

A. The Plaintiff owned 1/2 shares in the real estate indicated in the attached list. On January 1, 2019, the Plaintiff held on the attached list 1/2 shares, and on January 1, 2019, value added tax of KRW 10,000,000 for lease deposit, and KRW 800,000 for monthly rent, each month to the Defendants.

5. A lease agreement was concluded between January 5, 2019 and January 6, 2021 (hereinafter “instant lease agreement”) with a fixed term of lease from January 5, 2019 to January 6, 2021.

Accordingly, the Defendants paid KRW 1,600,000 to the Plaintiff out of the down payment on January 1, 2019, and the same month.

5. The monthly rent of KRW 880,000 (including value added tax) was paid.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendants determined the leased object as the leased object was Nos. 4 and 5 among the real estate first floor listed in the attached list. The Defendants stated that the aforementioned Nos. 4 and 5 are narrow.

Accordingly, around January 26, 2019, the Plaintiff agreed to additionally lease F from among the first floor of the real estate listed in the attached Table to the Defendants, and set the rent as KRW 1,000,000 (including value-added tax).

(hereinafter “instant lease agreement”). C.

Under the instant lease agreement, the Defendants paid KRW 1,00,000 to the Plaintiff for February, but thereafter, the Defendants paid KRW 5,000 as monthly rent from April 5, 2019.

6. Until May 2, 200, the monthly rent of KRW 1,800,000 has been paid for 600,000 per month, and the monthly rent has not been paid since July 2019.

After the filing of the instant lawsuit on August 3, 2019, the Defendants delivered F Nos. 1 to the Plaintiff on the first floor of the real estate listed in the attached list, and the rent specified in D and E in the attached list is KRW 80,000, including value-added tax.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 6, Gap evidence 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff terminated the instant lease agreement with the Plaintiff’s payment of rent. Therefore, the Defendants shall be listed as the Plaintiff’s restitution to its original state.

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