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(영문) 서울동부지방법원 2019.07.19 2018가단131514
건물명도(인도)
Text

1. From 17,50,000 to 17,500,000 won, the Defendant is also the real estate indicated in the separate sheet from October 23, 2018.

Reasons

1. Facts of recognition;

A. On December 2, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant, with the term from February 23, 2016 to February 22, 2019, by setting the lease deposit of KRW 60 million, KRW 1.5 million per month (in addition to two million after one year), and the term from February 23, 2016 to February 22, 2019.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, if the Defendant (hereinafter “instant construction”), paid the construction cost to the Defendant, and the Defendant started the instant construction from December 2, 2015 to complete the construction work on or around February 23, 2016, and operates accommodation business with the trade name “C,” under which the Plaintiff transferred the instant real estate from around that time.

C. As indicated in the attached Table, the Defendant only paid approximately KRW 13,500,000 to the Plaintiff for about seven months, and did not pay the remainder. Accordingly, as of October 22, 2018, the Defendant’s overdue rent of KRW 42,50,000 (the sum of the rent calculated by only 150 per month from February 23, 2016 to February 22, 2017, plus KRW 18,000,000,000 in total, calculated as KRW 2 million per month from February 23, 2017 to October 22, 2018 shall be the sum of the rent calculated as KRW 4,50,000,000 in total, from KRW 58,000 to KRW 1,35,500 in the construction price, as seen below, deducted from the construction price in this case as follows:

The Plaintiff filed the instant lawsuit seeking the termination of the instant lease agreement on the ground that the Defendant was in arrears, and the delivery of the instant real estate, overdue rent, or unjust enrichment equivalent to the rent.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. According to the above facts, such as the duty to deliver real estate, the instant lease agreement is an expression of the Plaintiff’s intention of termination due to the Defendant’s delay of rent.

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