(영문) 서울서부지방법원 2015.08.24 2014가단38268

건물명도 등


1. From 148,039,000 won to 148,000 won, the Defendant shall have the first floor and the second floor of the real estate stated in the separate sheet from June 1, 2014.


1. Facts of recognition;

A. On January 31, 2012, the Plaintiff entered into a lease agreement (hereinafter in this case’s lease agreement) with the Defendant on the first and second floors among the real estate listed in the separate sheet (hereinafter “the instant building”) (hereinafter “the instant leased object”) with the deposit amount of KRW 200,00,000, monthly rent of KRW 6,800,00 (including value-added tax) and the lease period of KRW 6,80,000 (including value-added tax), and between March 1, 2012 and February 28, 2014. After that, the Defendant entered into the lease agreement with the Seoul Western District Court on the instant leased object as Seoul Western District Court No. 7754, Feb. 23, 2012, the establishment of chonsegwon was registered on the ground of the contract to establish a lease on a deposit basis on February 22, 2012.

B. From the leased object of the instant case, the Defendant operated a high-end plastic restaurant with C, and the Plaintiff and the Defendant agreed to reduce the monthly rent to KRW 6,300,000 (including value-added tax) for the period from April 29, 2013 to August 2013.

C. However, the Defendant did not pay the rent from September 2012, and on August 20, 2014, the Plaintiff sent to the Defendant a notice (Evidence A 3) that contains an expression of intent to terminate the instant lease on the grounds of delinquency in rent, and the said notice reached the Defendant on August 21, 2014.

During the period from September 2012 to May 2014, the monthly rent to be paid by the Defendant and the amount actually paid are as stated in the monthly rent and the payment column in the attached Form among the details of the unpaid rent, and in addition, the Defendant paid KRW 62,00 as electrical safety management expenses on February 2, 2013 and February 2014, respectively, 462,000 as the cost of construction for toilets on March 2014, and KRW 5,000,00 as the cost of repair of wooden stairs on June 2014, and the details thereof are as stated in the attached Form column.

E. Ultimately, the Defendant’s rent that was not paid as of May 31, 2014 is KRW 52,500,000 as stated in the column of the amount unpaid as of May 31, 201, and the Defendant thereafter.