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(영문) 서울중앙지방법원 2018.04.27 2017가합578721
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

2. The defendant,

A. The plaintiff B and C respectively 121.

Reasons

Basic Facts

On August 6, 2009, the Defendant leased real estate listed in the [Attachment List owned by Plaintiff D and A (hereinafter “instant real estate”) for the purpose of operating the pertinent private teaching institute as of KRW 300 million (hereinafter “the instant lease deposit”), KRW 24 million per month of rent, and from August 6, 2009 to August 5, 2014, each of which was leased for the purpose of operating the private teaching institute and paid the instant lease deposit to Plaintiff D and A.

Plaintiff

D and the Defendant changed the terms and conditions of the above lease agreement on November 15, 2012, and entered into a lease agreement (hereinafter “instant lease agreement”) with KRW 300 million, KRW 25 million per month, and the lease term from April 1, 2012 to August 5, 2014 (hereinafter “instant lease agreement”).

The relevant provisions of the instant lease agreement are as follows.

Article 2(Lease Deposit, Rent, and Management Fee) Management Fee(4) does not include public charges (such as electricity charges, water charges, gas charges, etc.) and individually paid if they are individually notified, and shall be deposited with the rent and management fee if they are divided by the lessor. 5) The lessee shall pay all public charges and charges imposed on various buildings, such as environmental improvement charges, traffic inducement charges, septic tanks cleaning expenses, heating charges, electricity charges, fire-fighting expenses, electricity expenses, elevator safety management expenses, elevator safety management expenses, building disinfection expenses and rent-added taxes.

7) In the event that monthly rent and management expenses are unpaid until the due date, the lessee shall be deemed delinquent and shall pay the overdue interest at the rate of 20% per annum (the due date of the completion of the payment) by applying the interest rate of 5% per annum. If the lessee has committed an act falling under any of the following subparagraphs, this lease contract shall be terminated without any separate notice. (1) If the lessee fails to pay for the expenses such as monthly rent and management expenses for more than two (2) years from the due date of the payment, the lessor shall be deemed delinquent.

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