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(영문) 수원지방법원안양지원 2015.12.04 2014가합3257

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) received KRW 109,911,607 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. Facts of recognition;

A. On October 7, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 200,000,000 per month, KRW 4,000,000 per month, and KRW 28, 2012, respectively, as of October 28, 2012. The Defendant paid the above lease deposit to the Plaintiff, and operated the reading room with the name “C” at which the said real estate was handed over.

B. On October 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate at KRW 210,00,000, monthly rent 4,200,000 (value-added tax separate) and the lease term from October 29, 2012 to October 29, 2015 (hereinafter “instant lease agreement”). The Defendant continued to operate the reading room in the instant real estate after paying the increased lease deposit to the Plaintiff.

C. Article 4 of the instant lease agreement provides that “If the delayed amount of rent for a lessee exceeds the two-term rent, the lessor may terminate the lease contract.” As the Defendant did not pay the rent after September 1, 2013, the Plaintiff sent a written notification to the Defendant on January 27, 2014, stating that the instant lease contract will be terminated on the ground of the delayed payment of rent for at least two years.

Article 5(1) of the instant lease agreement provides that “If the lease contract is terminated, the lessee shall restore the said real estate to its original condition and return it to the lessor.” The Defendant used the instant real estate after performing construction of facilities necessary to operate the reading room in the instant real estate used for the original purpose of a private teaching institute, and the restoration of the instant real estate to its original state is 28,636,228 won to the original state.