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(영문) 부산지방법원 2017.03.16 2016가단318244

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the one-story of real estate listed in the attached list 873.31 square meters, indication 1, 2, 3, 4, 1 of the attached Form.

Reasons

1. Basic facts

A. On May 1, 2013, the Plaintiff, as the owner of the building indicated in the attached list (hereinafter “instant building”), entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease (hereinafter “instant lease agreement”) part 477.56 square meters in a ship (a) connected each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the 1st floor of the instant building in sequence with the Defendant.

The contents are as follows:

[The contents of the instant lease agreement (explor) lease deposit: Monthly management fee of KRW 2,500,000 (excluding value-added tax): From 2014, the monthly management fee of KRW 2,500,000 (excluding value-added tax): From 2,500,000 (excluding value-added tax), it may be deemed that the monthly management fee of KRW 3,00,000 (excluding value-added tax) has been agreed to increase the monthly management fee of KRW 7,8,9,12,12, and 12, and February, but in this case, the Plaintiff applied KRW 2,50,000 for convenience.

Term of lease: May 1, 2013 - April 30, 2016

From May 2013 to June 2013, the Defendant: (a) performed a cryptory construction on the entire store of this case; (b) unlike expected, it was revealed that only a part of the stores could be reported on business; and (c) completed a business report on a part of the stores (60.25 square meters), and thereafter, possessed the instant shop while operating a coffee shop only within a part of the stores until now.

C. The Defendant paid only KRW 5,000,000 out of the above contract lease deposit KRW 20,000,000, and did not pay the remainder of KRW 15,000,000, and did not pay the amount equivalent to the monthly rent and management expenses. The amount for the year 2014 reaches KRW 11,00,000,000 for the year 2015.

However, since 2016, the defendant paid 22,000,000 won to the plaintiff.

As of November 14, 2013, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) under the title “Agreement annexed to the Lease Agreements” (hereinafter “instant agreement”), and the details are as follows:

[The contents of the instant agreement (explication)] lease contract is concluded.