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Reasons
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(영문) 서울서부지방법원 2019.11.26 2019가단229113
건물명도(인도)
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1 The Plaintiff,

A. Defendant B delivers a building listed in the attached Table 1, and KRW 3,560,00 and from August 3, 2019 to November 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B’s lease contract 1) On July 2, 2011, the building indicated in the attached Table 1, owned by Defendant B (hereinafter “instant building”).

(1) On April 28, 2017, the lease deposit was first leased KRW 10,00,000, monthly rent of KRW 1,600,000 (in addition to value-added tax on April 10, 201), management expenses monthly, KRW 20,00, and period of lease from April 28, 2017 to April 27, 2019 (hereinafter “instant first lease contract”).

(2) From April 28, 2017 to April 27, 2019, Defendant B paid only 39,160,000 won in total, including monthly rents for 22 months, from April 27, 2019, (i.e., monthly rents of KRW 1,600,000, value-added tax of KRW 160,000 x 22 months) x 22 months in arrears.

3) On March 22, 2019, the Plaintiff notified Defendant B of the purport that he/she would refuse to renew the instant lease contract. (b) On July 12, 2016, the Plaintiff leased a building listed in the attached Table 2 (hereinafter “instant building”) owned by the Defendant C with the term of lease deposit KRW 10,000,000, monthly rent of KRW 11,000,000 (in addition, after January 11, 201), management expenses, KRW 50,00,00, and the term of lease from August 11, 2016 to August 10, 2017, the lessee of the said lease was changed to Defendant C and D’s request on July 24, 2017, and the said term of lease was renewed until the date of August 18, 2018.

(2) Defendant D did not pay only KRW 37,70,00 (including KRW 2,100,000) out of KRW 37,950,00,000, including monthly rent, from August 11, 2016 to May 11, 2019 (i.e., monthly rent of KRW 1,00,000, KRW 50,000 for management expenses of KRW 1,000 for value-added tax of KRW 1,00,000) x 33 months. Defendant D paid the remainder of KRW 4,250,00 (including the amount payable for value-added tax and management expenses, KRW 2,100,00). Defendant D paid KRW 1,150,000 each on June 111, 2019 and July 111, 2019.

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