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Reasons
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(영문) 서울동부지방법원 2020.11.03 2019가단148885
건물명도(인도)
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The defendant shall deliver to the plaintiff the 10th 404.2 square meters among the real estate listed in the attached list.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On February 12, 2019, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff, setting the ten-story 404.2 square meters (hereinafter “instant real estate”) from March 11, 2019 to March 10, 2021 as the deposit deposit amount of KRW 100,000,000, monthly rent of KRW 7,500,000 (including management fee of KRW 1,30,000,000, and surtax of KRW 1,300,000) among the real estate listed in the attached list owned by the Plaintiff.

Since then, the Defendant began to pay part of the rent from May 2019, and on August 22, 2019, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would pay the rent and management fee of KRW 25,801,100, including the overdue rent and additional charge (2%) for three months (from June 2019 to August 2019).

B. On September 24, 2019, a duplicate of the instant complaint containing the intent to terminate the Plaintiff’s lease agreement on the grounds of the Defendant’s delinquency in rent of more than three times was served on the Defendant.

C. After June 3, 2020, the Defendant remitted KRW 26,000,00 to the Plaintiff. On July 2, 2020, the Defendant remitted KRW 8,608,490 to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The following circumstances revealed by the assertion and determination are as follows: ① KRW 26,00,00 paid to the Plaintiff on June 3, 2020 KRW 164,170 on May 3, 2019; KRW 8,414,230 on June 6, 2019; KRW 8,586,050 on July 8, 2019; KRW 8,636,650 on August 8, 2019; KRW 25,801,10 on the remainder of KRW 198,90 (= KRW 26,00,000 on 26,80,000 on - KRW 25,801,100 on 200 on the remainder of the lease contract; ② The sum of the lease deposit paid by the Defendant to the Plaintiff on 40,600 on 20,604.28,206 of the value-added tax on the remainder of the lease contract.

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