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(영문) 서울중앙지방법원 2018.12.13 2018가단24453
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver 368.74 square meters of five stories among the real estate listed in the attached list;

(b) 83,345,617 and

Reasons

1. Basic facts

A. On June 29, 2016, the Plaintiff entered into a lease agreement with the Defendant, and leased the entire 4th and 5th (368.74 square meters of each floor) among the real estate listed in the attached Table (hereinafter “instant building”) on the attached Table (hereinafter “instant building”) to the Defendant on the condition that deposit was KRW 120,000,000 for lease deposit, monthly rent and management fee of KRW 16,50,000 for rent and management fee of KRW 16,50,000 for each month, and electric fee separate payment, etc.

(hereinafter “Lease of this case”). (b)

On January 10, 2018, the Plaintiff and the Defendant returned the fourth floor of the instant building, which was an object of lease, and agreed to maintain the lease of the fifth floor of the instant building at lower levels than half the previous rent and management expenses, and entered into a contract on the instant lease with the following modifications:

(hereinafter referred to as the “Lease Agreement”; the lease of the fifth floor thereafter is referred to as the “lease of this case”; The lease object: The lease object of this case is the monthly rent and management fee for the fifth floor (the fourth floor among the existing buildings) from among the buildings of this case: 8,250,000 won (including the value-added tax): The special agreement for the lease object of this case: the total of 184,633,897 won, including the rent for the 11 term portion in arrears as of January 31, 2018 at the time of the termination of the contract and the return of the object at the same time as the contract is immediately terminated.

C. The Defendant only delivered the fourth floor of the instant building to the Plaintiff on August 16, 2018, which was after the Plaintiff filed the instant lawsuit, and the fifth floor of the instant building is still continuously occupied by the Defendant.

The Defendant failed to perform its obligation to pay the unpaid rent, etc. according to the terms and conditions of the instant lease lease agreement by the agreed deadline. On October 31, 2018, the Defendant did not pay the monthly rent for at least three years according to the instant lease lease agreement as of October 31, 2018. On October 31, 2018, the Defendant’s unpaid rent, management fee, or illegal gains and electricity fee, etc., equivalent to the same amount, as of October 31, 2018, up to KRW 203,345,617 in total.

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