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(영문) 춘천지방법원 2015.07.07 2014가단7837

건물명도

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 49,532,917 against the Defendant (Counterclaim Plaintiff) and its related amount from December 23, 2014 to July 7, 2015.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. On June 9, 2009, the Plaintiff entered into a lease agreement with the Defendant on KRW 80,000 (in relation to KRW 86,00,000 from June 17, 2011, KRW 223.115 square meters, KRW 216.752 square meters, among the real estate listed in the attached Table (hereinafter “instant building”), and the lease agreement on KRW 2,00,000,000 (the lease agreement on KRW 1,30,000, KRW 1,200,000, KRW 2500,000, KRW 2500,000, monthly rent on the ground floor from July 201, and KRW 1,200, KRW 2500,000, KRW 2500,000 on the first floor) as the lease agreement on the following (hereinafter “the lease agreement”).

A tenant of heavy taxation shall be paid, environmental improvement charges, traffic inducement charges, and various taxes shall be borne by the business operator.

Monthly tax: (a) No premium exists for a lessor in a subsequent rent;

B. After paying the above lease deposit to the Plaintiff, the Defendant operated an entertainment tavern with the trade name of “C” in the area of the main floor and the first floor of the instant building, and an entertainment tavern in the name of “D” in the part of the first floor.

C. The instant lease agreement was renewed on or around June 201, and thereafter, the Defendant was unable to timely pay the monthly rent and all expenses agreed upon to the Plaintiff (hereinafter collectively referred to as “rent, etc.”) and property tax, in the course of operating C and D.

On June 2013, the Plaintiff prepared and sent to the Defendant a medal of the following contents (hereinafter referred to as “instant medal”) under the title “C and D shutdown.”

Affairs to be conducted by a business operator;

1. The business shall be suspended;

2. Return to the owner of a building whose business license is granted.

3. To affix a seal to the owner of a building, affixed with a document for transfer or takeover of a public health clinic, which is affixed to the second floor of a public health clinic;

4. Before Korea, the receipt is settled up to D and C electricity rates, and the building owner shall be entitled to the receipts.

5. The basic fee shall not be less than seven months after July.