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(영문) 서울중앙지방법원 2019.08.20 2018가단5179181
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a)in respect of the buildings listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of the annexed sheet;

Reasons

1. Facts of recognition;

A. On May 13, 2015, the Defendant, which entered into a lease agreement, entered into a lease agreement on the portion (A) of 730.82 square meters in the ship connecting each point of the building indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 among the 10 floors of the building listed in the attached Form No. 10 of the building that was entrusted with the management of the building by the management body, and entered into the lease agreement on the attached Form No. 730.82 square meters (C building No. 10 floors D, E, F, G, H, I, and J; hereinafter referred to as “instant real estate”), and entered into the lease agreement with the Plaintiff and the Defendant into a restaurant business with the trade name “K”. The main

Lease deposit: The lease period to pay the monthly rent of KRW 15,300,000 (excluding surtax): From May 15, 2015 to May 14, 2020 (Article 8): Where the lessee fails to pay the rent and management fee at least twice consecutively or it is deemed difficult to maintain the normal status of this contract in violation of the provisions of this contract, the lessor may terminate this contract after written notification, and in such cases, the lessee shall specify the store in consultation with the lessor.

(1) Paragraph (1). In the case of paragraph (1), when the lessee orders the store, the lessee is not required to install the facility expenses, premium, necessary expenses, and other compensation, and the lessor's loss that occurred as the result of the failure to specify on the date agreed by both parties shall be compensated by the lessee.

(2) paragraph 2); and

Since February 2017, the Defendant started to pay the rent from February 2, 2017 and deposited part of the amount in arrears intermittently. Thus, if the total amount of the overdue rent up to June 2019 exceeds 210,000,000 won, which is the amount equivalent to the deposit, and the amount of the overdue rent up to June 2019 is appropriated from the deposit, the claim for the refund of the deposit is terminated, as seen in the “the balance of the deposit” column of the attached rent settlement sheet, and the unpaid amount from the overdue rent up to June 2019.

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