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(영문) 서울남부지방법원 2020.01.16 2019가단239524
건물명도(인도)
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) KRW 200,000 and as regards it, November 2019.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 4, the plaintiff entered into a lease agreement with the defendant on April 11, 2016 with the terms of lease deposit of KRW 10 million, monthly rent of KRW 80,000,000, monthly rent of KRW 500,000, monthly rent of KRW 5000,000, and the lease term of KRW 500,000 from May 4, 2018 to May 4, 2020 (hereinafter "the lease agreement in this case"). The defendant started to delay the rent and management expenses from October 3, 2018 to November 3, 2019, the plaintiff expressed his/her intention to terminate the lease agreement in this case by delivery of a copy of the complaint in this case to the defendant.

According to the above facts, the lease contract of this case is deemed to have been terminated by the delivery of a copy of the complaint of this case, so the defendant is obligated to deliver the building of this case to the plaintiff, and pay the amount calculated by the ratio of KRW 850,000 per annum as stipulated in the Civil Act from November 4, 2019 to the date of completion of delivery of the building of this case after deducting KRW 10,200,000 from the sum of the rent and management fee in arrears incurred until November 3, 2019, the remainder of KRW 200,000,000,000,000 from the remainder of the lease deposit, and 5% per annum as claimed by the plaintiff from November 4, 2019 to the date of completion of delivery of the building of this case.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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