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(영문) 서울중앙지방법원 2015.12.17 2015가단79247
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. On October 15, 2014, the Plaintiff, a co-owner of the building listed in the separate sheet (hereinafter “instant building”) leased the instant building to F in the joint name name of F (Defendant B’s south) under the following conditions.

- Lease deposit 25,00,000 - Lease Term - From October 15, 2014 to October 14, 2015 - From October 14, 2015 (value-added tax of 10% and payment on October 15, 201), the lessor may terminate the lease if the lessee delays to pay the rent for the three-year period.

B. Defendant B entered into a lease agreement on the instant building in the name of the said F, and practically operated the restaurant in the instant building.

C. After that, on January 2, 2015, Defendant B registered the said restaurant in the name of Defendant C (Defendant B’s tea) and operated the instant restaurant “G” in the instant building.

On January 2, 2015 between the parties at the time of the above business registration, while renewal of the previous lease agreement, the lease guarantee amount and the monthly rent are maintained as they are. However, the lessor is the Plaintiff, the lessee is the Defendant C, the lease period is changed from January 2, 2015 to January 2, 2016, and the lessee is in arrears due to the amount of rent for the two period, the lessor entered into a new lease agreement (hereinafter “instant lease agreement”).

(The amount of lease guarantee and monthly rent, while maintaining the contents of the previous lease contract, seems to be written in KRW 10,000,000, monthly rent, and KRW 1,000,000, in the lease contract for the purpose of reducing taxes.

The Defendants paid the Plaintiff KRW 7,450,000 in total monthly rent by October 5, 2015, as follows.

- - KRW 400,00 on January 9, 2015 - KRW 500,00 on February 8, 2015 - KRW 500,000 on February 13, 2015 - KRW 500,000 on March 16, 2015 - KRW 100,00 on March 21, 2015 - KRW 150,000 on March 31, 2015 - KRW 150,000 on May 21, 2015 - KRW 1,000,000 on May 21, 2015.

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