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(영문) 서울서부지방법원 2019.09.20 2018가단240274
건물명도(인도)
Text

1. The Defendants jointly deliver to the Plaintiffs the 13th floor of 367.89 square meters among the real estate listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners sharing real estate listed in the separate sheet at the share ratio of 40/45, 5/45.

B. On March 5, 2018, the Plaintiffs entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) to lease KRW 1367.89 square meters on the 13th floor among the real estate listed in the attached list (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 100 million, KRW 1282,000 per month, KRW 3970,000 per month, management expenses (excluding value-added tax), and the period from March 15, 2018 to March 14, 2020 (hereinafter “instant lease agreement”).

The main contents of the above lease agreement are as follows.

Meanwhile, the Plaintiffs exempted the payment of rent from March 15, 2018 to May 14, 2018.

Article 1 (Details of Lease Agreements)

6. Payment of rents and management expenses shall be made to the designated account of the lessor by the end of the relevant month.

Article 6 (Payment of Rent, Public Charges, etc. for Management Expenses)

1. The rent management expenses shall be one-month from the first day of each month to the last day, and the lessee shall pay the amount prescribed in Article 1 (4) and (5) to the lessor within the period prescribed in paragraph (6) of the same Article;

Provided, That if the payment date is a holiday of a financial institution, it shall be paid by the next business day.

2. Where the period of lease starts or terminates on the monthly road, the rent and management expenses shall be calculated by the number of days per day and paid to the lessor by the end of the relevant month;

3. A lessee shall pay public charges, such as electricity, water, gas, etc. claimed by a lessor, in addition to general management expenses prescribed in Article 1 (5), along with general management expenses;

Article 7 (Arrears)

1. If a lessee fails to pay a lease deposit, rent, management expenses, public imposts, etc. at an agreed date, the lessor shall be the unpaid amount and the amount calculated by applying 24% per annum from the date of payment to the date of actual payment;

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