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(영문) 서울남부지방법원 2017.08.17 2017가합102557
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Basic facts, Article 2 (Term of Lease) of the real estate lease agreement entered into by the defendant

1. The term of this contract is from August 31, 2014 to August 20, 2017 (three years).

Article 4 (Rental Deposit)

1.The lease deposit shall be deposited into the bank account designated by the “A” (Plaintiff) on the following amounts and conditions:

Total amount of rental deposit: 10 million won (in n.e. 200,000,000)

1. Rent;

(a) The rent of August 31, 2014 - August 30, 2015 - KRW 10,000,000,000 (in case of value-added tax)

(b) KRW 12,00,000 for rent on August 31, 2015; or on August 30, 2016;

C. On August 31, 2016- August 30, 2017, on the basis of KRW 12,000,000,000 (Additional Tax Map) for rent (hereinafter referred to as KRW 12,00,00) for adjustment under mutual agreement, and the “B” must be paid to the bank designated under Article 4 by the end of each month.

Article 7 (Management Expenses)

1. The term "B" shall pay management expenses (such as electric charges, water supply and sewerage charges, cooperative charges, cleaning expenses, and other expenses necessary for management services) and value-added tax, etc. to the management company of the leased object;

Article 11 (Cancellation and Termination of Contracts)

1. The term "A" may cancel or terminate all or part of this contract to the other party immediately without any separate peremptory notice, in cases where any of the following causes occurs to the other party:

② On August 20, 2014, the Plaintiff leased each real estate listed in the separate sheet to the Defendant on August 20, 2014, and the main contents of the said lease agreement (hereinafter “instant lease agreement”) are as follows.

On January 6, 2017, the Plaintiff expressed his/her intention to terminate the instant lease agreement based on Article 11(2) of the above Agreement, on the ground that the overdue amount of the rent and management fee has reached KRW 55,060,00 as of January 4, 2017 and KRW 36,662,80, respectively, as of January 4, 2017.

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