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(영문) 서울중앙지방법원 2016.08.23 2015가단101069
건물인도 등
Text

1. The defendant shall receive KRW 150,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On March 5, 2011, the Plaintiff entered into a housing lease agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant apartment”) with the lease deposit of KRW 150,00,000, and the lease term of KRW 24 months from the delivery date (hereinafter “instant lease agreement”) and simultaneously delivered the instant apartment to the Defendant at the same time with the payment of the lease deposit on the same day.

B. On March 5, 2013, at the time of the termination of the instant lease agreement, the Plaintiff agreed with the Defendant to increase the lease deposit in KRW 5 million.

The Plaintiff notified the Defendant of his/her intention not to renew the instant lease agreement no longer than two months before the expiration date of the renewed lease agreement. The Defendant requested that his/her mother-child living in the instant apartment be able to leave the board of directors on the ground that he/she may leave the time limit for delivery on or around May 2015.

C. On April 25, 2015, the Plaintiff entered into a lease agreement between C and C on the instant apartment as to the instant apartment between May 31, 2015 and 24 months from May 31, 2015, and received KRW 5,000,000 for monthly rent of KRW 60,000.

In May 2015, the Plaintiff and the Plaintiff notified the Defendant that they entered into a contract with the new lessee from around May 2015, and requested the Defendant to be a director or a director by the end of May 2015, but the Defendant refused this request and entered into a contract by finding a new set of money by July 29, 2015.

On May 31, 2015, the Plaintiff was unable to enter into a lease agreement with C because the Defendant was not a director until May 31, 2015. On June 5, 2015, the Plaintiff paid to C penalty of KRW 10 million due to the destruction of the said lease agreement (hereinafter “instant penalty”).

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