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(영문) 서울남부지방법원 2020.07.23 2019가단246041
건물명도(인도)
Text

1. The Seoul Rehabilitation Court Decision 2019Da1087961 Decided the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is an individual rehabilitation case.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs are co-owners of the real estate listed in the separate sheet (hereinafter “instant building”).

B. On February 28, 2018, the Defendant concluded a lease agreement with the Plaintiffs on the lease deposit amounting to KRW 20 million, monthly rent amounting to KRW 2.3 million (including value-added tax), and from February 28, 2018 to 24 months from February 28, 2018 (hereinafter “instant lease agreement”).

C. The main contents of the instant lease agreement are as follows.

Article 4. The monthly rent shall be the payment key on the (d) day of each month.

Provided, That in the event of arrears for not less than one month, 10% of the monthly damages shall be borne by the late payment.

Article 5 A lessee may be reconstructed or altered under the approval of a lessor, but when the lessee intends to order the object of a contract, he/she shall bear all the expenses and restore it to its original state.

Article 6. The lessor shall reimburse the amount of the down payment at the time of the termination of the contract, and the lessee may not claim the return of the down payment after the termination of the contract.

Article 8 Other detailed matters shall comply with the matters of the attached Form special agreement.

The lessee shall pay to the lessor the amount twice the prescribed monthly rent until the order is made, if the lessee, in accordance with the special agreement, does not specify the time when the contract has to be rescinded due to the expiration of the lease period or any other reason.

On July 29, 2019, the Plaintiffs sent to the Defendant a written notification that the instant lease contract is terminated by content-certified mail on the grounds that the Plaintiffs were in arrears with the payment of the rent under the instant lease contract from April 2019. On July 30, 2019, the Defendant received the said content-certified mail.

E. The Defendant filed an application for individual rehabilitation with Seoul Rehabilitation Court 2019 Congress 1087961, and the rehabilitation court rendered a decision on January 14, 2020 to commence individual rehabilitation procedures against the Defendant (hereinafter “instant individual rehabilitation procedures”).

F. The defendant of this case.

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