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(영문) 서울중앙지방법원 2020.02.12 2019가단5237718
건물명도 등 청구의 소
Text

1. The Defendant’s 11,550,000 won from the Plaintiff and the 4th floor from September 30, 2019 to September 30, 2019.

Reasons

1. The Plaintiff (Appointed Party) and the designated parties are the owners of the buildings listed in the attached Form List, with a deposit of KRW 30,000,000 on December 28, 2018, deposit of KRW 3,500,000 (including management expenses, value added tax, separate 10%), and the lease period of KRW 3,50,000 on February 12, 2019 to February 11, 2021, and the above lease deposit was received from the Defendant.

On September 30, 2019, the Defendant was in arrears of KRW 11,550,000 as of September 30, 201.

On September 3, 2019, the Plaintiff notified the Defendant of the termination of the lease agreement on the grounds of rent delay, etc., notified the Defendant of the termination of the lease agreement by September 2019, and notified the Defendant of the fourth floor of the said building by the end of September, 2019, and filed the instant lawsuit on September 26, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, the purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract was lawfully terminated by the delivery of a copy of the complaint of this case according to the plaintiff's termination of the contract on the ground of the delay of rent of the defendant, the defendant shall deliver to the plaintiff the fourth floor of the building stated in the attached Table to the plaintiff.

However, due to the simultaneous performance of name cards, the Plaintiff shall pay the Defendant the remainder of the amount calculated by subtracting the amount of the rent for rent or the amount of the rent for rent from KRW 30,000 to KRW 11,550,000, which is the overdue interest from KRW 30,000 to September 30, 2019, and from September 30, 2019 to September 3, 200, from the date when the name of the building was completed.

3. The plaintiff's claim of this case shall be accepted on the ground of the reasons.

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