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(영문) 서울중앙지방법원 2018.09.05 2017가단5192910
건물명도(인도)
Text

1. The Defendant’s KRW 108,642,217 as well as the Plaintiff’s annual rate of 5% from July 24, 2018 to September 5, 2018.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff leased 1, 1, 2, and 3 underground floors among the Gangnam-gu Seoul Metropolitan Government Buildings (hereinafter “instant buildings”) owned by itself to the Defendant on December 12, 2013, with a deposit of KRW 200 million, monthly rent of KRW 10 million (excluding value-added tax), management fees of KRW 500,000 (excluding value-added tax), monthly period from December 5, 2013 to December 4, 2015.

(hereinafter referred to as “the primary lease of this case”). B.

On December 14, 2013, the Plaintiff additionally leased the 4,5, and6th among the instant building to the Defendant at KRW 100 million, monthly rent of KRW 3,500,000,000 (Additional Tax Table).

(hereinafter referred to as “the second lease of this case,” and the combination of the first and second leases of this case, hereinafter referred to as “the instant lease”).

According to Article 9 of the lease agreement of this case, when the rental fee and management fee are not paid, the late payment charge of 20% per annum shall be paid, and when the defendant fails to pay the rental fee and management fee for at least two months, the contract may be terminated.

From July 2016, the Defendant delayed the rent and management expenses for more than two months, and the Plaintiff notified the Defendant of the termination of the instant lease on the grounds of delinquency in the rent and management expenses through the delivery of a duplicate of the instant complaint. The duplicate of the instant complaint was served on October 26, 2017 to the Defendant.

E. The Defendant delivered the instant building to the Defendant on March 28, 2018, during the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff 1) The instant lease agreement was extended from 2 to 5 years through the instant secondary lease agreement.

B) From July 2016 to March 2018, the delivery date of the instant building, the Defendant had unpaid rent and management expenses, including overdue interests, and the amount reaches KRW 385,850,00,00. C) The Defendant bears the duty to restore the instant building, and the result of the court’s appraisal.

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