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(영문) 서울북부지방법원 2018.04.11 2017가단6884

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 24,187,030 won and January 1, 2018, the same shall apply.

Reasons

1. Facts of recognition;

A. On May 30, 2012, the Plaintiff entered into a contract with the Defendant for the lease of real estate listed in the separate sheet (hereinafter “instant store”) with a deposit of KRW 40,000,000, monthly rent of KRW 2,200,000 (excluding value-added tax), and the period from June 1, 2012 to May 30, 2014, and delivered the instant store.

The Defendant operated the car page in the name of “C” on the 3rd floor of the instant store and the building.

B. On May 31, 2014, the Plaintiff concluded a lease contract with the Defendant with the content that no deposit was made for the instant store, and that the period was changed from June 1, 2014 to May 31, 2016.

C. The Plaintiff and the Defendant agreed to pay KRW 2,380,000 per month in aggregate by setting the value-added tax on the rent of the instant store as KRW 180,00 (the rent of KRW 1,800,000 and the management fee of KRW 400,000 shall be calculated as the rent of KRW 1,80,000).

However, from June 1, 2012 to December 31, 2017, the Defendant did not pay to the Plaintiff the sum of KRW 62,840,000, as stated in the attached Table, as in the following: (a) the Plaintiff did not pay the rent at all after January 1, 2018.

E. The Plaintiff notified the Defendant of his intention to terminate the said lease by serving a duplicate of the instant complaint on the grounds of the delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7 evidence, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the above lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant, barring special circumstances, delivers the instant store to the Plaintiff, and, barring special circumstances, from June 1, 2012 to December 31, 2017, the Seoul Seongbuk-gu D and 3, where the Plaintiff was the person who was the Plaintiff at the overdue rent of KRW 62,840,00 from June 1, 201 to December 31, 2017.