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(영문) 서울중앙지방법원 2015.05.29 2014가합62133
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) holidaying 269.95 square meters of each of the 4,5 stories of the buildings listed in the separate sheet;

(b)150,824,006 won;

Reasons

On May 10, 2013, the Plaintiff entered into a lease agreement with the Defendant on May 10, 2013 with regard to the aggregate of the 1 through 5 floors and the 6th rooftop floors (including unregistered area of 218.45 square meters) 1,653.99 square meters from June 1, 2013 to May 31, 2018, deposit money of 200,000, deposit money of 30,800,000 won (including additional tax), and the 15th day of each month from the rent payment date of the instant building. On June 1, 2013, the Plaintiff handed over the instant building to the Defendant.

On January 1, 2014, the Plaintiff entered into an additional agreement with the Defendant to change the leased object to 269.99 square meters (excluding parking lot 63.84 square meters) among the instant building, and to reduce the monthly rent to 6,219,752 (including the value-added tax). However, on April 1, 2014, the Plaintiff entered into an additional agreement with the Defendant to add the fourth floor of the instant building to the leased object again as 269.95 square meters, and to increase the monthly rent to 12,106,079 (hereinafter “instant lease agreement”).

From June 2013 to September 2014, the Defendant paid only KRW 309,824,000,000 among the rent, electricity fee, etc. under the instant lease agreement (i.e., rent of KRW 306,895,730, electricity fee of KRW 2,928,276) to the Plaintiff.

On August 22, 2014, the Plaintiff terminated the instant lease agreement to the Defendant on the grounds of delinquency in rent, and sent a content-certified mail stating the content requiring the Defendant to surrender the 4 and 5th floor of the instant building until August 31, 2014, and around that time, the content-certified mail sent to the Defendant.

On September 1, 2014, the Defendant paid to the Plaintiff the unpaid rent by September 5, 2014, and concluded a lease agreement on the 4,5th floor of the instant building. If the Plaintiff did not pay the unpaid rent by the said payment date, the Defendant sent an official document containing the purport to withdraw the said building by September 30, 2014, and the said official document reached the Plaintiff on September 1, 2014.

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