beta
(영문) 서울중앙지방법원 2015.07.03 2014가단5054642

건물명도

Text

1. The Plaintiff:

A. Defendant A shall display an attachment No. 5 drawings out of 5736.56 square meters of underground floors of the building indicated in the attachment No. 1.

Reasons

1. The Plaintiff is the owner of the E commercial building (hereinafter “instant commercial building”), which is a building indicated in attached Form 1 indicating the five underground floors, consisting of the 8th underground floors above the ground level located in Busan Shipping Daegu D, Busan.

around May 10, 2013, Defendant A and B entered into a consignment agency contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which Defendant A received and sold the clothes of Defendant Co., Ltd. from Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the sales of Defendant Co., Ltd. to receive 36% of the sales amount as commission fees.

On May 3, 2013, the Plaintiff leased to Defendant A the part (A), 68.34 square meters in the ship (hereinafter “instant first shop”) connected each point of the attached drawing Nos. 1, 2, 6, 7, and 1 among the two underground floors of the instant commercial building, and to Defendant B each leased the part (B), 68.34 square meters in sequence, connecting each point of the same drawing Nos. 2, 3, 4, 5, 6, and 2 among the two underground floors of the instant commercial building (hereinafter “instant second shop”); and the contents of each of the instant lease agreements are identical and are as follows:

Article 4 (Period of Lease Contract): From May 2, 2013 to May 1, 2016, Article 5 (Rental Deposit): 11,389,600 won (seven installments from May 6, 2013 to October 25, 2013) Article 7 (Calculation of Monthly Rent) ① Monthly rent is KRW 8,000 per 1 square meter as of the leased area, the total monthly rent is KRW 1,138,600.

(2) The monthly rent under this Agreement shall be calculated from May 17, 2013, which is the starting date of the business.

Article 9 (Management Expenses) (1) Joint management expenses shall be 7,000 square meters per leased area, and the lessee shall pay the expenses by the 25th day of each month.

(2) Direct management expenses (all kinds of expenses, such as electricity, water supply and drainage, air conditioners, etc., which fall under the area of this lease) shall be paid to the lessor's account by the 25th day of each month

Article 24 (Cancellation and Termination in Cases of Violation of Contracts)