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(영문) 서울서부지방법원 2017.01.13 2016가단233142
건물명도
Text

1. The defendant shall return KRW 28,292,100 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On May 7, 2013, the Plaintiff leased the instant store to the Defendant with the following terms (hereinafter “instant contract”) by setting the deposit amount of KRW 50 million, KRW 2310,000 per month, KRW 2310,000 per month (including value-added tax, and KRW 25,00 per month), and the period from May 25, 2013 to May 25, 2015. The instant store consists of a neighborhood living facility of KRW 63.28 square meters and a parking lot of KRW 61.8 square meters:

Part to be leased: The lessee shall recover the above real estate to its original state and return it to the lessor where the lease contract is terminated on the back of the first floor (including the part of the parking lot).

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Special agreement - A lease in the present state after the on-site inspection and confirmation of a certified copy of the register. - A lessor shall make the parking lot part available for the current facilities.

B. In the instant store, the Defendant, while operating a crypt store at the instant store, changed the type of marina business, and, until the contract period expires, 8,240,000 won (=1,00,000 won due to November 2014 + unpaid 1,310,000 won + unpaid 1310,000 won due February 2015 + unpaid 4,310,000 won + unpaid 2310,000 won due to May 201).

C. On June 30, 2015, the Plaintiff notified the Defendant that he would raise the rent after the said contract period expires, and issued to the Defendant a tax invoice including value-added tax of KRW 2,310,000 per month which was issued in the previous amount by 2,640,000 per month (including value-added tax), and thereafter, issued 2,530,000 per month (including value-added tax) by May 31, 2016.

As the Defendant did not pay the rent in time or in December 2015, the Plaintiff notified the Defendant of the termination of the instant contract on the ground of the delinquency in rent by mail proving the content of the contract on January 18, 2016.

E. The defendant is at the store of this case.

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