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(영문) 울산지방법원 2015.07.17 2014가단34675

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff the part of the building indicated in the attached list, and deliver the said part of the building from November 5, 2014.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 15 million, monthly rent of KRW 1.8 million (excluding value-added tax), management expenses, and lease period from April 5, 2014 to April 5, 2016.

B. On April 2, 2014, the Defendant paid the Plaintiff a deposit of KRW 15 million to the Plaintiff, and operated the restaurant business in the name of “C” at the instant store, and the monthly rent was not paid from April 5, 2014 to June 31, 2014.

C. On July 1, 2014, the Plaintiff is between the Defendant and the above A.

Of the terms of the lease agreement stated in the paragraph, the monthly rent of KRW 1.5 million (excluding value-added tax) was modified to enter into the lease agreement (hereinafter “instant lease agreement”). D.

On September 4, 2014, when the Defendant did not pay monthly rent even after the lapse, D Co., Ltd. (Representative E), an agent of the Plaintiff, prepared a contract for the transfer of the right to automatically terminate the instant lease agreement and to transfer the Defendant’s goods and corporeal movables to the Plaintiff (hereinafter “instant transfer report”) and the written termination of the contract and the written waiver of the termination of the contract (hereinafter “the written waiver of this case”) if the Defendant’s agent did not pay KRW 1,055,00,000,000 in total of the rent and management fee in arrears by October 15, 2014, by October 15, 2014.

E. The Defendant is the Plaintiff by October 15, 2014.

The agreed money was not paid as set forth in the paragraph.

F. On October 28, 2014, the Plaintiff agreed to terminate the instant lease agreement with the Defendant, and the remainder of KRW 396,830,00, which deducts the sum of KRW 12,815,000 (including value-added tax), unpaid electricity tax of KRW 988,170, and unpaid management expenses of KRW 800,00,00, and KRW 14,603,170.