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(영문) 서울중앙지방법원 2017.08.09 2016가단124830
건물인도 등
Text

1. The defendant shall pay 30 million won to SPS Corporation in the attached Form to the plaintiff at the same time.

Reasons

Facts of recognition

On December 30, 2015, the Defendant leased real estate indicated in the separate sheet from the Plaintiff and received delivery on January 1, 2016.

The term of lease deposit was set from January 1, 2016 to December 31, 2017, which was set at KRW 50 million, KRW 900,000 per month, and the term of lease.

(B) On the same day, the lessor, the joint lessee, and the Defendant and the Seoul Special Metropolitan City Es.S., and the Plaintiff entered into a lease agreement with the Plaintiff, the joint lessee, the Defendant and the Seoul Special Metropolitan City Es.D. on the same day.

The lease deposit shall be KRW 60 million and the defendant and the Seoul Special Metropolitan City Es. Es. shall be divided into KRW 30 million, but upon the termination of the lease, the plaintiff provided that the lease deposit shall be refunded to the defendant and the Seoul Special Metropolitan City Es.

(B) From the following day, the Defendant paid part of the instant lease deposit to the Plaintiff the amount of KRW 1 million out of KRW 50 million, and KRW 30 million was replaced by the Plaintiff’s KRW 30 million from the Seoul Special Metropolitan City Es. according to the separate lease, and the remainder of the lease deposit due to a separate lease amount of KRW 30 million was not paid to the Plaintiff.

In other words, a separate lease contract is concluded as a means to pay the lease deposit of this case.

The Defendant, who terminated the lease of this case, did not delay the lease of this case from May 1, 2016 to the date.

On August 5, 2016, the Plaintiff sent a mail to the effect that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent for at least two years, which reaches the Defendant around that time.

[Reasons for Recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 to 1 (including a provisional number), and the fact that the ground for recognition of the overall purport of the pleadings was established, the plaintiff's lease of this case.

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