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(영문) 춘천지방법원 2015.02.03 2014가단1976

건물명도, 임대료 청구

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1. The Defendant (Counterclaim Plaintiff) delivered the Plaintiff (Counterclaim Defendant) a floor of 121.39 square meters out of the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 27, 2013, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit of KRW 121.39 square meters on the first floor among the real estate listed in the separate sheet (hereinafter “instant real estate”), KRW 500,000,000 per month, KRW 500,000 per month, and KRW 24 months from the delivery date of the lease term (hereinafter “instant lease agreement”). Of the lease deposit, the Plaintiff agreed to receive KRW 2 million on the date of the contract, and the remainder of KRW 8 million from October 27, 2013.

B. The instant lease agreement contains the following special terms and conditions:

(Matters of special agreement) The first floor toilet shall be managed by the lessee.

In winter, the lessor is not responsible for the failure to manage the property at the time of winter.

1. Current status is a contract, which is the basis for the occupancy date of other public imposts and is separate;

2. The lessee shall restore to its original condition upon maturity and return to the lessor, and the lessor shall not recognize the time facilities and goodwill premium.

3. On the first floor, the lessee does not recognize the lessor’s demand to install the facility when the subsequent roof is disposed of.

(hereinafter omitted)

C. After receiving the instant real estate from the Plaintiff, Defendant B registered the said real estate as the location of the principal office of Defendant C Co., Ltd. (hereinafter “Defendant Company”), which Defendant B serves as the representative director, and used it as the office of the Defendant Company.

On October 21, 2013, Defendant B paid to the Plaintiff KRW 2 million out of the lease deposit under the instant lease agreement, and KRW 3 million on October 30, 2013, but thereafter, Defendant B did not pay the remainder of the lease deposit and KRW 5 million up to the date.

E. On November 25, 2013, the Plaintiff sent to Defendant B a content-certified mail to the effect that the instant lease agreement will be terminated if the Plaintiff did not pay by December 10, 2013 the unpaid deposit and monthly rent under the instant lease agreement.

[Ground of recognition] There is no dispute.