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(영문) 서울동부지방법원 2015.07.24 2014가단118346
건물인도
Text

1. Of the instant lawsuit, KRW 2030,00 won per month from May 16, 2015 to the completion date of delivery of the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 13, 2009, the lessor, Korea Land Trust Co., Ltd., Ltd., and the lessee B Co., Ltd. (hereinafter “B”), and the Plaintiff concluded a lease agreement with the following terms.

1) Lease object: The real estate listed in the attached list in the Gangdong-gu Seoul Metropolitan Government 101 dong, 102 dong, and 102 dong (hereinafter “instant real estate”).

) Lease period of 52 households, officetels 13 households: lease deposit from May 13, 2009 to May 12, 2012: KRW 500 million: KRW 48 million for apartments (not value-added tax) and KRW 13 households for officetels 13 households (excluding value-added tax).

B. On December 23, 2011, the Plaintiff acquired the registration of ownership transfer from the Korea Land Trust Co., Ltd. for the instant real estate, and entered into a lease agreement with B on May 11, 2012, with the following content.

1) Lease object: The lease period from May 13, 2012 to May 12, 2014 (3) lease deposit: 1.5 million won per apartment unit (excluding value-added tax), 5 million won per 11 household (excluding value-added tax) and 5 million won per officetel (excluding value-added tax).

C. B between July 2, 2013 and B

The contents of the lease agreement were modified as follows.

1) Lease period: 2. Lease deposit from the first lease period to May 14, 2014 under the first lease contract: 90 million won (term payment) monthly rent: KRW 35 million per household of apartment housing (excluding value-added tax) and KRW 5 million per household of officetels 11 (excluding value-added tax).

D. Around March 2014, the Plaintiff agreed with B as follows.

1) B waives the claim for return of the lease deposit under the above lease agreement. (2) The Plaintiff will substitute for the repayment of the sub-lease deposit to B under the sub-lease agreement entered into by B with respect to the object of the lease only with the amount equivalent to the amount of the loan waived by B pursuant to paragraph (1).

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