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Reasons
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(영문) 서울중앙지방법원 2018.08.16 2017가단98709
건물인도 등 청구의 소
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1. The Plaintiff:

A. The Defendants deliver an underground floor of 208.66 square meters among the real estate listed in the attached Form;

B. Defendant B is 800.

Reasons

1. Facts of recognition;

A. On September 7, 2015, Defendant B leased the instant leased real estate of KRW 208.66m2 (hereinafter “instant leased real estate”) from the Plaintiff on a deposit basis, KRW 17.6 million per month, KRW 17.6 million per month, KRW 200,000 per month, and KRW 200,000 per month, and the lease period from September 21, 2015, and was handed over on September 21, 2015.

B. Defendant C Co., Ltd. uses the leased real estate without the Plaintiff’s consent or permission by obtaining the possession of the leased real estate from Defendant B.

C. From July 21, 2016, Defendant B delayed the rent and management expenses from July 21, 2016, and on January 11, 2017, the Plaintiff notified Defendant B of the termination of the lease agreement on the grounds of the overdue rent and management expenses for at least two months.

Meanwhile, on the other hand, Defendant B paid KRW 9 million to the Plaintiff on February 28, 2018 during the instant lawsuit, and the Plaintiff appropriated KRW 7.84 million from July 21, 2016 to November 20, 2016 as the rent and management fee for four months, and the remainder of KRW 11.6 million from November 21, 2016 to December 20, 2016, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the Plaintiff’s lawful termination notice following the delinquency in payment of rent for at least two years, and Defendant C Co., Ltd. without permission. As such, the Defendants are obligated to deliver the leased real estate to the Plaintiff, and Defendant B is obligated to pay to the Plaintiff the Plaintiff the rent and management fee of KRW 80,000 (the amount calculated by subtracting the rent and management fee of KRW 1.60,000,000,000,000,000,000,0000,000,0000,0000,000,0000,0000,000,00000,000,000,000,000,000,0000,000,0000,000,000).

3. Determination of the Defendants’ assertion

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