건물명도
1. The Defendant indicated on the attached Form 1, 2, 3, 4, 1 among the 677.85 square meters of the 1st floor of the building indicated on the list of real estate attached to the Plaintiff.
1. Facts of recognition;
A. On September 23, 201, the Plaintiff: (a) decided to entrust the Defendant with a store of 126 square meters (hereinafter “instant store”) indicated in paragraph (1) of the disposition that operated a coffee shop by leasing it from the owner B of the building; and (b) concluded a workplace consignment agreement with the Plaintiff as the truster and the Defendant as the trustee (hereinafter “instant contract”) stating the following:
The contract period: The contract period shall be from the date the trustee takes over the place of business to August 31, 2012, and if both parties have no opinion at least two months before the expiration of the contract, it shall be implicitly renewed for four years on an annual basis.
The duty of the trustee: A final profit of KRW 15 million per month from the date of receipt shall be paid to the truster, but the amount of final profit of KRW 90 million per six months shall be paid in advance on the date of conclusion of the contract, and the amount of KRW 90 million shall be paid in advance at the lapse of six months.
In addition to the finalized profits, a trustee shall pay the amount equivalent to 13 million won (including additional taxes) that the truster shall pay to the owner of the building by no later than the date of payment of the rent (28th of each month), and where the contract is renewed, the trustee shall bear the increased or decreased rent due to the renewal of the contract with the truster and the owner of the building.
The termination of a contract: If a trustee fails to perform his/her obligation to pay money, the truster may terminate the contract.
B. On the other hand, on December 5, 2011, the Plaintiff and the Defendant filed a lawsuit with the Seoul Central District Court as the principal settlement clause (Seoul Central District Court 201Da2439).
C. On June 27, 2014, the Plaintiff notified the Defendant of the termination of the instant contract on the ground that the Defendant did not pay KRW 90,000,000,000 as determined by the instant contract.
The defendant occupies the store of this case.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, Eul's 1, Eul's testimony, and the purport of whole pleadings
2. According to the above facts of recognition, the instant contract is concluded.