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(영문) 서울중앙지방법원 2020.10.15 2020가단5122867
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver all three floors among the buildings listed in the separate sheet, 671.77 square meters;

(b) 54,486,360 won;

Reasons

1. Facts of recognition;

A. On July 1, 2019, the Defendant leased from the Plaintiff all three floors from the Plaintiff during the period from July 1, 2019 to July 31, 2021, a deposit of KRW 106,480,00 for monthly rent of KRW 10,648,00 for monthly rent of KRW 10,648,00 for monthly rent of KRW 1,331,00 for monthly management expenses (excluding value-added tax on rent and management expenses), and the period from July 1, 2019 to July 31, 2021.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, the Plaintiff may terminate the contract where the Defendant defaults on the payment of rent two or more times, and the Defendant shall transfer the rent and management fee to the Plaintiff’s bank account on the 30th day of each month, but if the payment of rent is delayed, the late payment charge of 4% of the monthly welfare shall be added.

C. However, the Defendant paid to the Plaintiff a sum of KRW 196,920,920,953,80 (including unjust enrichment equivalent to rent and management expenses) out of KRW 35,953,80 (including KRW 14,176,900 on October 31, 2019 and KRW 7,60,00 on February 3, 2020, and KRW 160,96,366,360 on February 3, 2020) under the instant lease agreement, which was incurred from August 2019 to August 20, 2020, and did not pay the remainder of KRW 160,96,360 on February 3, 202.

Accordingly, on January 2, 2020, the Plaintiff notified the Defendant’s representative director of the termination of the instant lease agreement on the ground of delinquency in rent at least twice by mail verifying the contents of the lease.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1-5 evidence, and the purport of the whole pleadings.

2. According to the above facts finding, the instant lease agreement was lawfully terminated in accordance with the Plaintiff’s notice of termination due to delay in rent for more than two years.

Therefore, the Defendant delivered the instant real estate to the Plaintiff as the performance of the duty to return the subject-matter upon the termination of the instant lease, and as of August 31, 2020, 54,486,360 won remaining after being appropriated for KRW 106,480,00 among the total of KRW 160,96,360 as of August 31, 2020 (i.e., KRW 160,966,360 - KRW 106,480,00) and its corresponding amount.

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