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(영문) 서울중앙지방법원 2017.10.13 2017가단5019978
건물인도 및 차임등 청구
Text

1. The defendant is against the plaintiffs:

(a) deliver a building listed in the annex 1 list of real estate;

B. From August 30, 2015, the above-mentioned 1-.

Reasons

1. Basic facts

A. On April 2010, the Plaintiffs entered into a lease agreement with the Defendant on the attached list 1 of real estate (hereinafter “instant building”) with the content that the period from April 30, 201 to April 30, 201 is KRW 10 million, KRW 10 million, KRW 100,000 per month for rent, and KRW 100,000 per month for management expenses (hereinafter “instant one lease agreement”).

B. On October 1, 2015, the Plaintiffs entered into a lease agreement with the Defendant on the attached list 2 of real estate (hereinafter “instant two buildings”) with regard to the term from November 1, 2015 to November 1, 2017, including the amount of KRW 15 million, and the monthly rent of KRW 600,000 (However, the lessee was under the name of the Defendant’s wife D; hereinafter “instant two lease agreement”). According to Article 4 of the said agreement, the Plaintiffs are entitled to terminate the said lease agreement if the annual rent exceeds the amount of two rents.

C. As to the instant one lease contract, the Defendant began to delay the rent and management expenses from June 2010, and the deposit was fully appropriated for all the rent in arrears at the end of May 2013, and finally, the amount of the deposit was 24 months from August 2015 to July 2017, 200,000 won in total, including KRW 26.4 million in arrears.

With respect to the instant two lease agreement, the Defendant delayed to pay the rent of three or more times from January 2017 after concluding the said lease agreement, including delay in the payment of rent. From the end of January 2017 to the end of May 2017, the Defendant is refusing to pay the rent of 1.8 million won in total from the end of January 2017 to the end of July 2017 to the end of July 2017.

E. On February 29, 2016, the Plaintiffs notified the Defendant of the termination of the instant one lease agreement on the grounds of the delinquency in rent, and the Defendant also accepted the notification and agreed to deliver the instant one building to the Plaintiffs and to settle arrears until May 30, 2016, but did not implement the notification.

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