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(영문) 제주지방법원 2016.11.11 2016가단50763

건물명도

Text

1. The Plaintiff:

A. Defendant C moves out from the retail store of 339.78 square meters of one story among the buildings listed in the attached list;

(b) the defendant.

Reasons

Facts of recognition

A. On March 2011, the Plaintiff purchased a building listed in the separate sheet and completed the registration of ownership transfer on March 28, 201.

B. B B concluded a lease agreement with the Plaintiff on July 1, 201, on June 30, 2014, with respect to the instant building on a leased premise of 339.78 square meters on the first floor of the said building (hereinafter “instant building”) before the Plaintiff purchased the said building.

C. Since July 1, 2014, the Plaintiff and Defendant B each year, security deposit of KRW 20,000,000, annual rent of KRW 33,000,000 for the instant building

7.1. Payment, a lease agreement with a period from July 1, 2014 to 36 months (hereinafter “instant contract”).

(2) The lessee may not, without the consent of the lessor, change the use, structure, etc. of the said real estate, sub-lease, transfer the right of lease or offer the security thereof, and use it for any purpose other than the purpose of the lease. If the lessee of Article 4 (Termination of the Contract) has failed to pay the monthly rent or violated the provisions of Article 3, on more than two consecutive occasions, the lessor may immediately terminate the contract.

Value added tax shall be borne by the lessee.

Defendant B paid KRW 33,00,000 to the Plaintiff on June 30, 2014, KRW 700,000,000 on August 11, 2014, and KRW 12,500,000 on January 2, 2015, and KRW 1,000,000 on a substitute, and paid KRW 20,000,00 on July 1, 2015.

E. On June 14, 2013, Defendant B entered into a sub-lease contract with a deposit of 30 square meters in order to deposit 10,000,000 won per month, 1,000,000 won per month, and the sub-lease period from June 14, 2013 to June 14, 2014, and D moved out from the above diacop around November 2015. < Amended by Presidential Decree No. 23588, Jun. 14, 2013; Presidential Decree No. 26879, Jun. 14, 2015>

Around October 2010, Defendant B entered into a lease agreement with Defendant C on approximately 1 square meters of the instant building and entered into a contract with Defendant C on a fee of 12% of the sales cost.

F. On January 15, 2016, the Plaintiff: (a) KRW 3,300,000 of the Additional Tax in 2014; and (b) January 2015, 2015.