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(영문) 의정부지방법원 2017.10.25 2017가단117268
임차목적물 인도청구
Text

1. The Plaintiff:

A. From 17,680,000 to 17,680,000, Defendant B is among the real estate listed in the separate sheet from July 15, 2017.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a lease agreement (hereinafter referred to as “the instant lease agreement”) with Defendant C, who represented by Defendant B on April 26, 2016, which is a commercial building (hereinafter referred to as “the instant building”) which is a lease deposit of KRW 30,00,00 that connects each point of the real estate indicated in the separate sheet, among the real estate listed in the separate sheet, to KRW 26.4m2 (hereinafter referred to as “the instant building”), and the lease deposit is from April 26, 2016 to April 25, 2018, and the rent is KRW 1,50,000 (the rent is KRW 14,00,000, KRW 100,000, KRW 100,000, and value-added tax on rent and management expenses, separately added).

The Defendants jointly possess the instant building and operate restaurant business.

On July 14, 2017, Defendant B did not pay for at least three vehicles as of July 14, 2017, and the sum of the unpaid rent and management fee plus value added tax is KRW 12,320,000.

On August 10, 2017, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served on Defendant B.

[Based on Recognition] - In respect of Defendant B: deemed confession (Article 150(3) and (1) of the Civil Procedure Act) - In respect of Defendant C, the fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings

B. According to the facts found above, the Plaintiff, a lessor, could terminate the instant lease agreement on the grounds of the delinquency in rent for at least three years, and thus, the instant lease agreement was lawfully terminated on August 10, 2017, when the notice of termination was delivered to the Defendant B, the lessee.

Therefore, Defendant B’s remaining lease deposit amounting to KRW 17,680,00 ( KRW 30,000,000 - KRW 12,320,000) as of July 14, 2017, from July 15, 2017 to the completion date of the delivery of the building of this case, KRW 1,760,00 per month (the sum of rent, management fee, and value-added tax) x value-added tax x 1,760,00 won (the rent of KRW 1,50,000 management fee of KRW 1,000) x 1.1.

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