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(영문) 서울중앙지방법원 2020.09.03 2019가단5254997
건물명도 등
Text

1. Defendant B:

(a) Attached drawing(1). (2) (3) (6) Orderly connect each point;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D reinforced concrete slab 6 neighborhood living facilities (hereinafter “instant building”).

B. (1) On June 13, 2017, the Plaintiff’s order 1-A, the three floors of the instant building, between Defendant B and Defendant B.

From July 10, 2017 to July 9, 2019, the lease contract was concluded with the terms that the lease deposit amount of KRW 30,000,000, and that the monthly rent is KRW 3850,000,000, including management expenses and value added tax.

(2) On September 12, 2016, the Plaintiff filed an order with Defendant C, which is the fourth floor of the instant building, with Defendant C.

With respect to the part mentioned in the paragraph, a lease contract was concluded with the terms of KRW 50,00,000, the lease term from October 20, 2016 to October 19, 2018, and the monthly rent of KRW 4,015,00,00 including management expenses and value added tax.

C. The Defendants are occupying and using the above building upon delivery pursuant to each of the above lease agreements. However, as of October 18, 2019, Defendant B did not pay the total of KRW 38,600,000 for 14 months, and Defendant C did not pay the total of KRW 48,180,000 for 12 months.

Accordingly, the Plaintiff expressed to the Defendants a wish to terminate each of the above lease agreements through the service of the instant complaint.

【Defendant B: A without dispute, entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. According to the facts of the above recognition, each of the above lease agreements was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendants’ refusal to pay rent.

Therefore, (1) Defendant B is subject to the disposition of the court below.

The building mentioned in paragraph (1) is delivered, and the amount equivalent to the rent calculated at the rate of KRW 3,850,000 per month from October 20, 2019 to the completion date of delivery of the above building shall be returned, and the amount equivalent to the rent shall be 8,60,000, after deducting KRW 30,000,000, out of the rent in arrears, as sought by the Plaintiff.

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