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(영문) 서울중앙지방법원 2020.06.24 2019가단10154
건물명도 청구의 소
Text

1. The Defendant’s KRW 2,439,150 as well as the Plaintiff’s annual rate of KRW 5% from October 31, 2019 to June 24, 2020.

Reasons

1. Basic facts

A. On March 23, 1998, the Plaintiff: (a) leased the lease deposit money of KRW 3,000,000, monthly rent of KRW 250,000, monthly rent of KRW 250,000 (the first day of April 2, 1998), and (b) continuously renewed the said lease contract from April 2, 1998 to April 2, 1999.

B. From September 200, the Plaintiff and the Defendant increased the rent of the above lease to KRW 300,000 per month, and from February 2012, the rent was increased to KRW 350,000 per month.

C. On October 30, 2016, the Plaintiff: (a) extended the said lease agreement on the first floor of the instant building from October 30, 2016 to October 29, 2018; and (b) additionally leased the said lease agreement with the Plaintiff at KRW 3,00,000, monthly rent of KRW 300,000 during the said lease period; (c) the Defendant did not pay the Plaintiff deposit deposit amount of KRW 3,000,000 on the underground floor of the instant building to the Plaintiff on October 30, 2016.

Since March 1, 2018, the Defendant began to delay the monthly rent of KRW 650,00,000. On August 1, 2018, the Plaintiff notified the Defendant by mail verifying the content of the lease agreement on the instant building (hereinafter “instant lease agreement”) in the event the Defendant continues to delay the payment of the monthly rent, and thereafter, the Defendant filed the instant lawsuit seeking the delivery of the instant building and the payment of the delayed rent, and the instant complaint reached the Defendant around May 13, 2019.

E. On August 25, 2018, the Defendant left the instant building, but did not notify the Plaintiff thereof.

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