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(영문) 서울남부지방법원 2019.03.21 2017가합108548
건물명도(인도)
Text

1. Defendant B Co., Ltd.

A. Of the second floor of Yeongdeungpo-gu Seoul Metropolitan Government D, 1) Plaintiff (Appointed Party A) is indicated in attached drawings.

Reasons

1. Basic facts

A. The second floor D, Yeongdeungpo-gu Seoul Metropolitan Government, an aggregate building (hereinafter “the instant aggregate building”), is registered by division as shown in attached Table 1 “the indication of the building on the exclusive part”.

The building of this case is partitioned by units, such as images of “a ground plan” in attached Table 2.

B. At the time of July 25, 2014, the Plaintiff is “the instant contract under which the Plaintiff leased the instant sectioned building to the Defendant Company B (hereinafter “Defendant Company”) on behalf of all the owners (the same as the entry in the “owner at the time of July 25, 2014” in attached Form 3) at the time of the sectioneded Section 3 (hereinafter referred to as “instant sectioneded Section”).

The details of the contract were as follows. From August 5, 2014 to August 4, 2019, the term of lease is 60 months (Article 2(1)). Deposit is 200 million won (Article 3(1)). Monthly rent is ① 17,640,540 won for 24 months from the contract date (14,112,432,50 won x 1.5% 12 months from the total sale price of the instant sectioned building) and the first three months is exempted from rent; ② 2.5% from the total sale price of the instant sectioned building from August 5, 2014 to August 4, 2019; ③ from 49 to 60 months, the sale price of the instant sectioned building is 2.5% from the contract date (Article 5(9) to 5(9)); and Defendant Company may divide the lease’s rent under the name of the tenant and cancel the contract within 14 months from the date of arrears.

After the conclusion of the contract of this case, the Defendant Company completed the payment of KRW 200 million, and received the divided building of this case from the lessor, but did not pay it later.

The difference has been in arrears for more than three months.

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