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(영문) 서울중앙지방법원 2015.05.21 2014가단219635

건물명도 등

Text

1. The part concerning the claim for the cancellation of business registration among the instant lawsuit is dismissed.

2. The defendant shall be the plaintiff and Ga.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff, the owner of the building indicated in the attached list (hereinafter “instant building”) entered into a lease agreement with the Defendant with respect to the instant building (hereinafter “instant agreement”) as follows, and the Defendant is running food business in the instant building with the trade name “C”.

The lease period: 50,00,000 won for the lease deposit from June 6, 2013 to June 5, 2015: The due date for the payment of rent of KRW 4,070,000 per month: Management expenses on the last day of each month: the lessee shall pay to the lessor an amount calculated as 18% per annum from the date when the rent is overdue until the due date.

B. After paying the first rent after July 5, 2013 following the instant contract, the Defendant continuously delayed payment of the rent and management expenses, and around June 2014, the overdue rent and management expenses exceeded KRW 25,00,000.

C. On June 2, 2014, the Plaintiff notified the Defendant of the payment of the overdue charge, and even thereafter, the Defendant notified the Defendant of the termination of the instant contract as of July 31, 2014 by content-certified mail, which did not pay the unpaid rental fee and management fee.

The Defendant did not pay the sum of KRW 24,910,00 by July 31, 2014, KRW 4,290,00 for management expenses, KRW 1,081,20 for water supply and sewerage charges, and KRW 30,281,200 for water supply and sewerage charges until July 31, 2014.

【Ground of recognition】 The fact that there is no dispute, A1 or 5, and the purport of the whole pleading

2. The plaintiff asserts that the part concerning the claim for the cancellation of the business registration among the lawsuit in this case is lawful, and that the business registration under the name of the defendant whose location is the location of the building in this case should be cancelled as the restoration following the termination of the contract in this case, and seeks implementation against the defendant. On its own initiative, the above claim part is legitimate.

The business registration under the Value-Added Tax Act or the Income Tax Act shall be made by the tax authorities.