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(영문) 서울동부지방법원 2015.02.05 2014가단27884

부동산명도등

Text

1. From 10,00,000 to 10,000 won from the Plaintiff, the Defendant shall attach from December 28, 2014 to the underground space of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant building”). The Defendant is the lessee of the instant building, among the instant buildings, 9.2 square meters of the (A) section shop in the order of priority among the items indicated in the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 (hereinafter “instant store”).

B. Around May 30, 2012, the Defendant leased the instant store from Nonparty C, a lessor, and three other parties, and operated a singing room using it, on July 2, 2013, concluded a lease agreement with the Plaintiff and the lease deposit KRW 10,000,000, monthly rent of KRW 1,100,000 (excluding value-added tax) and from July 2, 2013 to May 29, 2014 (hereinafter “instant lease agreement”).

Under the terms of the instant lease agreement, the Plaintiff and the Defendant may rebuild or alter the said building under the approval of the lessor. However, in the case of the delivery of the said store, the lessee shall bear all the expenses and restore the said store to its original state (Article 4), and the premium and facility expenses for the instant store are not all (Article 6). In the case of reconstruction of the instant building, the Plaintiff and the Defendant shall deliver the instant store to the lessor within three months from the date of receipt of notice of reconstruction without any condition.

(Article 8) The agreement was reached.

C. On January 25, 2014, the Plaintiff notified the Defendant that the instant store will be handed over to the Plaintiff by May 15, 2014, since the instant building was deteriorated, and the building remains in front and is planned to be reconstructed in a new building by removing all of the buildings.

The Defendant paid all monthly rents to the Plaintiff by December 27, 2014 under the instant lease agreement, but did not pay the monthly rents thereafter to the date of closing argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2- 1, 2, Gap evidence Nos. 3, 5 through 10, Gap evidence Nos. 4-1 to 17, and the purport of the whole pleadings

2. This.