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(영문) 서울동부지방법원 2021.01.26 2019가단160113
건물인도
Text

1. Defendant B:

A. Of the real estate strata 1296.84 square meters in the attached list, the indication 1, 2, 3, 4, 4.

Reasons

1. Basic facts

A. On September 12, 2018, the Plaintiff entered into a lease contract with Defendant B by setting the lease deposit amount of KRW 220,00,00, monthly rent of KRW 13,20,00, monthly rent of KRW 13,20,00, monthly management fee of KRW 3,200,000, monthly management fee of KRW 3,20,000, monthly management fee of KRW 3,200,000, and period of lease of KRW 1,24 months from September 13, 2018, which is indicated in the attached Table 1, 296.84 square meters.

B. Defendant B, without the Plaintiff’s consent, arbitrarily connected Defendant C with each point of No. 1,2,3,4, and 1 in the order of No. 1296.84 square meters on the land surface of the real estate listed in the separate sheet No. 2 attached hereto; Defendant B connected Defendant D with each point of No. 1,2,3,4, and 10 square meters on the ship (c) of the separate sheet No. 3 attached to the same real estate; Defendant B connected Defendant E with each point of No. 1,2,3,4, and 1 in sequence; Defendant B connected Defendant E with each point of No. 1,2,3,4, and 1 in the order of 5 square meters indicated in the separate sheet No. 5; Defendant F connected each point of No. 5 square meters on the ship; Defendant H with each point of No. 6, 1,3,4,700 square meters on the ship; and Defendant H attached Form No. 1, 3,4,71,70 square meters on the ship.

(c)

Since Defendant B was in arrears at least three times on November 2019, the Plaintiff filed the instant lawsuit seeking the termination of the lease agreement and the delivery of the leased object. As of September 25, 2020, the amount of KRW 220,000 of the lease deposit was fully deducted due to overdue rent, management fee, etc. as of September 25, 2020, and the overdue amount of KRW 134,573,771 was overdue.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 8 evidence (including branch numbers) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the lease contract between the plaintiff and the defendant B was terminated on the ground of the delinquency in rent between the defendant B, the defendant B shall draw up the attached Form 1 among the land size of 1296.84m2 on the ground of the delinquency in rent between the plaintiff and the defendant

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