(영문) 서울중앙지방법원 2020.11.12 2019가단5116842

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(영문) 서울중앙지방법원 2020.11.12 2019가단5116842

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 17,077,741 as well as the full payment from September 19, 2020.

Reasons

1. Facts of recognition;

A. On December 23, 2008, the Plaintiff leased the lease deposit amounting to KRW 10 million, monthly rent of KRW 1.3 million (excluding value-added tax, and subsequent payment), and one year, to the Defendant on January 22, 2016, the lease term of KRW 120 square meters from January 23, 2016 to January 22, 2017, while continuing to renew the said lease contract.

B. On March 17, 2016, the Plaintiff and the Defendant prepared a written agreement stating that “If the monthly overdue overdue charge reaches two rents, the lease contract may be terminated, and if the leased object is transferred, the lease contract shall be delivered after reinstatement.”

C. The Plaintiff around January 9, 2017 and around November 1, 2017, and the same year.

4. Around October 21, 2019, the Defendant notified the termination of the lease agreement on the grounds of the expiration of the term, and notified the Defendant of the termination of the lease agreement on the grounds of the expiration of the term and the arrears of at least two years of rent (the total amount of KRW 5,720,00,000,000,000,000) on February 21, 2019.

The Defendant did not pay the Plaintiff the monthly rent from May 23, 2019 to the Plaintiff.

around August 31, 2019, the Defendant removed the instant building, but corrected the entrance by leaving materials, etc. inside the said building, and accordingly, the Plaintiff or the third party did not enter or use the instant building.

Since then, around August 29, 2020, the defendant collected materials, etc. remaining inside the building of this case, removed locks used as an entrance and locked, and delivered the above building to the plaintiff.

[Ground of recognition] Evidence Nos. 1 through 11, Evidence Nos. 6-1 to 4, video, and purport of the whole pleading

2. Determination on the main claim

A. The summary of the assertion 1 did not pay the Defendant the monthly rent of the instant building.

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