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(영문) 서울중앙지방법원 2016.12.23 2016가단5065349

건물명도

Text

1. The defendant is against the plaintiff (appointed party) and the appointed party

A. Of the real estate indicated in the attached Form, the second floor of 281.40 square meters and the first floor of 281.40 square meters.

Reasons

1. Basic facts

A. On October 4, 2015, the Plaintiff and the designated parties concluded each of the following lease agreements with the Defendant.

1) Real estate listed in the attached Form (hereinafter “instant real estate”)

() Lease deposit for the whole two stories (281.40 square meters): Lease deposit for 100,00,000 won or more: From October 14, 2015 to October 14, 2016 (12 months): Matters stipulated under a special agreement for the lease charges of KRW 10,000 per month (excluding value-added tax): Property tax (division of a building), paper tax, environmental management charges, charges for causing traffic congestion, etc. on Class 1 business; 2% per month at the time of delinquency of the rent and management expenses (2%) of the real estate in this case; lease deposit for the whole one story (281.40 square meters) on the ground floor (351.08 square meters): Property tax on Class 1 business; property tax on the lease charges of KRW 10,000,000: Property tax on a Class 10,000,000, or property tax on a Class 10,014.

B. On October 14, 2014, the Defendant paid 200,000,000 won out of each of the above lease deposit to the Plaintiff and the designated parties. Of the instant real estate leased from the Plaintiff and the designated parties, the Defendant operated entertainment tavern in the name of “C” on the second floor, the first floor, and the first underground floor among the instant real estate leased from the Plaintiff and the designated parties.

C. On February 29, 2016, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of KRW 78,924,520, including monthly rent that has not been paid for at least two years until February 29, 2016, and the content-certified mail reached the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. Determination on the cause of the claim

A. According to the termination of a lease agreement and the recognition of the delivery of real estate, the Defendant did not delay the obligation to pay the lease deposit and the monthly rent for at least two years.