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(영문) 서울중앙지방법원 2019.07.25 2018가합552238
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 1, 2016, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant store”) to the Defendant with a lease deposit of KRW 300,00,000,000, KRW 18,700,000 per month of rent (including value-added tax) and KRW 5 years from April 1, 2016 to March 30, 2021 (hereinafter “instant lease agreement”), and delivered the instant store to the Defendant as stipulated in the said agreement.

B. From September 30, 2016, the Defendant began with partial delinquency in the rent and continued to pay the rent. The Defendant’s carry-over of the rent in the year 2017 reached KRW 91,200,000.

C. On May 25, 2018, the Plaintiff expressed to the Defendant that the instant lease contract is terminated on the grounds of rent delay for more than two years by serving a duplicate of the instant complaint on the Defendant. The duplicate of the instant complaint was served on the Defendant on June 1, 2018.

The Defendant delivered the instant store to the Plaintiff on November 2018, when the instant lawsuit was pending, around November 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul's evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant did not pay the aggregate of KRW 6,742,230 (including delayed fees) of the management expenses imposed on the instant store from February 2, 2018 to April 2018, and thus, the Defendant is obligated to pay the Plaintiff the aforementioned unpaid management expenses, KRW 6,742,230, and delay damages.

B. According to the above findings of the determination, the instant lease agreement was lawfully terminated and terminated on June 1, 2018 by the Plaintiff’s declaration of termination due to the delay in the payment of at least two vehicles, and the Defendant delivered the instant store to the Plaintiff around November 2018.

However, the lease deposit is all the lessee who occurs from the lease until the lease is delivered to the lessor after the termination of the lease contract.

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