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(영문) 서울남부지방법원 2017.11.28 2017가단6041
청구이의
Text

1. The defendant's case against the plaintiff, including the defendant's request for delivery of a building (2016dan251684).

Reasons

1. Facts of recognition;

A. On April 20, 2016, the Plaintiff leased the building of the first and fourth floor underground in Guro-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”) owned by the Defendant from the Defendant during the period from May 10, 201 to May 9, 2017, with the lease deposit of KRW 100 million, monthly rent of KRW 12 million (excluding value-added tax), and the lease period from May 10, 2016 to May 9, 2017.

(hereinafter referred to as “the instant lease”). (b)

As the Plaintiff delayed the payment of the rent, the Defendant asserted against the Plaintiff the termination of the instant lease agreement on the ground of the rent delay, and filed the instant lawsuit seeking the delivery of the instant building.

In the previous suit of this case, a decision in lieu of conciliation (the prior suit of this case) was made as follows.

The Plaintiff shall pay the Defendant the unpaid monthly rent of KRW 92.4 million (including the value-added tax for seven months from July 9, 2016 to January 9, 2017) by January 29, 2017. If the Plaintiff fails to pay the said money by the said date, the instant building shall be delivered to the Defendant by February 15, 2017.

C. The Plaintiff, without paying KRW 92.4 million until January 29, 2017, set forth in the instant prior suit, and leased the Geumcheon-gu Seoul Metropolitan Government D Building Nos. 1003 and 1004 (hereinafter “non-party building”) from March 10, 2017 to March 9, 2020, the Plaintiff moved to a non-party building on March 10, 2017, without paying KRW 92.4 million.

The Plaintiff directors in the instant building as Nonparty 1, but some of the work facilities were installed on the 1st basement of the instant building, and the air conditioners, cleaningers, etc. (hereinafter “the remainder of the instant building”). D.

On March 14, 2017, the Defendant collected KRW 20,461,407 from the seizure collection order (Seoul Southern District Court 2017TTTTTT 101808) based on the judgment of the previous suit in this case, and appropriated it for the repayment of the claim against the Plaintiff.

The plaintiff asserts that the amount of collection is KRW 20,464,407, and the defendant asserts that the amount of collection is KRW 20,461,407.

The defendant recognizes.

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