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(영문) 서울서부지방법원 2015.10.29 2014가단37319

건물인도 등

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B is attached to the first floor of the transfer of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On April 28, 2011, the Plaintiff successively connected Defendant B with each of the points indicated in the separate sheet No. 6, 7, 8, 9, 10, 11, 12, and 6 in the annexed sheet No. 13, 14, 15, 16, 11, 10, and 13 in the ship that connects Defendant B with each of the points indicated in the annexed sheet No. 6, 7, 8, 9, 10, 11, 12, and 13 in the order of priority on the part of the store No. 13, 117 square meters and the same map No. 13, 14, 15, 16, 11, and 13 in the annexed sheet No. 2010, Sept. 21, 2011 (hereinafter “the instant building”) and appears to be the separate rent No. 200,000 won.”

B. On the other hand, on August 22, 2006, the Plaintiff: (a) linked Defendant C with each point of 12, 11, 16, 17, 18, and 12 indicated in the same drawings; (b) attached a deposit of KRW 10 million with a partial store of KRW 33 square meters; (c) from September 5, 2006 to September 4, 2008; and (d) leased a monthly rent of KRW 630,00 (including value-added tax).

C. Under each of the above lease agreements, the lessor may terminate the contract if the lessee fails to pay the rent more than three times.

Defendant B operated a restaurant in the leased building section (hereinafter “instant restaurant”); and Defendant C operated a laundry in the leased building section (hereinafter “instant laundry”); around August 2014, Defendant B was approximately 11 months monthly rent; and Defendant C did not pay approximately 9 months monthly rent.

E. On August 14, 2014, the Plaintiff sent each notice to Defendant B, and to Defendant C, on July 31, 2014, to the effect that each of the above lease agreements is terminated on the grounds of a rent-to-rent, and each of the above notice reached each of the above notice to Defendant B on the 18th of the same month, and Defendant C on August 1, 2014.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including additional numbers), appraiser D's appraisal result, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition against Defendant B, Defendant B is three or more monthly rents.