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(영문) 서울중앙지방법원 2020.11.06 2019가단5214081
임대차목적물반환청구 등의 소
Text

1. The defendant from the plaintiff 46,00,000 to the date of completion of delivery of the first floor of the real estate stated in the attachment from July 6, 2020 to July 1, 200.

Reasons

1. Basic facts

A. On October 6, 2017, the Plaintiff leased the first floor (hereinafter referred to as the “instant store”) among the real estate listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease period of KRW 1,50,000 per month, KRW 55,000,000, and KRW 65,000,000 from October 6, 2017 to October 5, 2019 (hereinafter “instant lease contract”). The Defendant, upon delivery of the instant store from the Plaintiff, was engaged in the sales business, such as selling and selling lottery tickets, production of tables, and sales business, such as interest payment.

B. From May 2018, the Plaintiff took part in the repair work of the instant building (hereinafter “instant construction”). During that process, the Defendant’s signboard and tent installed by the Defendant was removed.

C. From July 2018 to February 2019, the Defendant did not pay a total of KRW 12,000,000 for eight months. The Defendant paid all the rent from March 2019 to June 2020.

On July 3, 2019, the Plaintiff sent to the Defendant a new lease agreement with a deposit of KRW 45,00,000 for the instant store and KRW 1,700,000 for the following month at the time of termination of the instant lease agreement.

E. Around July 17, 2019, the Defendant asserted that the instant construction works incurred a loss equivalent to KRW 2,500,000 per month during six months, and provided content-certified mail that concluded a new lease contract with KRW 15,00,000 per month, deposit money of KRW 45,000,000, or KRW 15,000 per month, or otherwise.

F. On July 23, 2019, the Plaintiff terminated the instant lease agreement, and sent to the Defendant a content-certified mail to deliver the instant store and repay the unpaid monthly rent until July 31, 2019, and the said content-certified mail sent to the Defendant around July 24, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff's assertion is deteriorated.

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