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Reasons
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(영문) 서울중앙지방법원 2019.07.11 2018가단5200481
건물명도(인도)
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1. The defendant shall be the plaintiff and Ga.

(b) deliver the real estate listed in the attached list;

2,2950,000 won and the same on June 2019.

Reasons

1. The fact of recognition that the Plaintiff entered into a lease agreement with the Defendant (hereinafter “the lease of this case”) with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on July 30, 2014, with the amount of KRW 250,000,000,000,000 monthly rent, and KRW 24,000,000,000,000,000,000,0000,000,000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000 won

② The Defendant did not pay any rent at all from January 2018 to April 2019. The amount shall be KRW 37.7 million, while the amount unpaid management expenses from April 30, 2017 to April 30, 2019 shall reach KRW 5.25 million.

In accordance with the terms and conditions of the instant lease agreement, it was impossible to pay a KRW 2,100,000 as a monthly rent from March 2015 to August 2016, and it was decided to increase the rent by KRW 100,000 each year from August 2016 to July 2017. As such, the monthly rent from August 2016 to July 2017 is KRW 2.2 million, the monthly rent from August 2017 to July 2018, and the monthly rent from August 240, 200.

③ On September 18, 2018, the Plaintiff notified the Defendant of the termination of the instant lease on the ground of the delinquency in rent, but the Defendant has occupied and used the instant real estate in a car page up to now.

[Ground: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, since the lease of this case was terminated by the plaintiff's notification of termination on the ground of delinquency, such as the defendant's rent, etc., the defendant should deliver the real estate of this case to the plaintiff, and the amount of overdue rent and management fee of 42950,000 won calculated by deducting 20,000 won from the amount of overdue rent and management fee of 4,2950,000 won paid by the defendant, and the case sought by the plaintiff.

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