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(영문) 서울중앙지방법원 2017.04.19 2016가단5009677

건물명도

Text

1. Defendant B’s 32,580,000 won and the interest rate of 15% per annum from May 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 28, 2015, the Plaintiff leased the Gangnam-gu Seoul Building (hereinafter referred to as “instant real estate”) on the ground that: (a) partially part of the first floor of the instant real estate (64.68 square meters) and 105.24 square meters of the second floor of the instant real estate (hereinafter referred to as “instant store”); (b) provided that only the first floor is referred to as “the first floor of the instant store; and (c) when the second floor is referred to as “the second floor of the instant store,” the second floor of the instant building is referred to as “the second floor of the instant building”) and sub-lease the Defendant B with a deposit of KRW 15 million, monthly rent of KRW 15 million (the part of the first floor is KRW 11 million, and the part of the second floor is KRW 4 million); and (d) the period from September 1, 2015 to August 31, 2017.

(hereinafter referred to as “instant sublease contract”). (b)

The Plaintiff operated a coffee shop on the first floor of the instant real estate, but only partially operated a coffee shop, and concluded a sublease contract with some of the first floor of the instant real estate and the second floor of the instant real estate.

(hereinafter referred to as “Plaintiff’s store”) part of the first floor continuously occupied and used by the Plaintiff.

Defendant B received a deposit of KRW 15 million from the Plaintiff and installed a temporary wall (hereinafter “instant temporary wall”) in favor of the Plaintiff dividing the first floor of the instant real estate into the part (the Plaintiff shop) used by the Plaintiff and the part (the first floor of the instant store) used by Defendant B (hereinafter “instant temporary wall”). Defendant B operated the instant temporary wall at the instant store around September 2015. The instant temporary wall was removed around September 2015.

Defendant B did not pay rent from November 2015, and Defendant B did not pay rent from 2016.

1. On February 5, 2016, the Plaintiff sent to the Plaintiff a notice of termination to the effect that “I cannot conduct normal business activities at the store,” and that “I would terminate the instant sub-lease contract and remove the instant store on February 6, 2016, because I would have caused the Plaintiff’s cause attributable to the Plaintiff,” and delivered the instant store to the Plaintiff on February 5, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 10 evidence, and .