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(영문) 대전지방법원 2021.01.13 2019가단134981
건물인도
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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

This case is related to the Supreme Court 2019 Ghana 135434 and the case in the nature of the principal lawsuit and the counterclaim.

1. The plaintiffs, the grounds for the plaintiffs, who leased a commercial building to the defendant and received delivery of the building through sub-lessee D on February 19, 2020 after the lease term expires. The amount of the claims to be paid by the plaintiffs shall be KRW 158,908,520 [The amount of claims to be paid by the plaintiffs [1,8150,00 won for unpaid monthly rent up to October 2019, KRW 139,670,320 for unpaid monthly rent up to January 2020 (= KRW 6,050,000 for KRW 1,079,200 for January 1, 2020). Since the amount of claims to be paid by the plaintiffs shall be deducted from KRW 150,520,000 to the defendant, the amount of claims to be paid by the plaintiffs shall be KRW 8,908,520,000,000 for the lease deposit to the defendant.

2. Facts of recognition;

A. On September 2014, the Plaintiffs leased the instant lease to the Defendant (Seoul Special Self-Governing City, Co., Ltd. (hereinafter “instant commercial building”) at KRW 150,00,000, monthly rent of KRW 7,500,000, monthly rent of KRW 7,500 ( monthly rent of KRW 8250,00,000, including surtax and surcharge tax), from December 1, 2014 to November 30, 2019, and the Defendant operated the instant commercial building on a five-year basis.

B. After reducing the monthly rent of KRW 5.5 million, the Plaintiffs and the Defendant agreed to reduce the monthly rent of KRW 5.5 million from January 2016 to KRW 6.5 million (in the event that an additional tax is included, KRW 6.5 million per month), and the Defendant paid KRW 6.5 million each monthly rent.

(c)

From November 2016, the Defendant paid the monthly rent of KRW 3.5 million, but from November 2016, the Defendant paid the monthly rent of KRW 3.5 million to KRW 3.5 million, not the previous KRW 605 million (the Plaintiffs issued a tax invoice of KRW 3.5 million through a tax accountant who conducts tax accounting as an agent).

The defendant on October 31, 2018, when the lease term of the sub-lease contract between the defendant and D remains after the lapse of one year.

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