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(영문) 서울중앙지방법원 2018.04.27 2017가단83219
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 9,067,620 won and August 23, 2017

Reasons

Attached Form

The same facts as the statement in the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each statement in subparagraphs A through 5.

According to the above facts, the instant lease agreement was terminated on July 13, 2017 due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff and pay to the Plaintiff the amount calculated by deducting the lease deposit amount of KRW 30 million from the sum of the overdue rent of KRW 39,067,620 up to August 22, 2017 and the remainder of KRW 9,067,620, and the amount calculated by deducting the lease deposit of KRW 30,000 from the sum of the overdue rent of KRW 39,067,620 up to August 23, 2017 up to the completion

On November 15, 2017, the defendant argued that since the defendant paid the plaintiff a sum of five million won as rent and management fee to the plaintiff on November 15, 2017, the amount equivalent to the above money should be deducted. However, there is no evidence to acknowledge this, the above argument by the defendant is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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