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(영문) 인천지방법원부천지원 2014.12.12 2014가합6434
건물명도
Text

1. The defendant ordered each of the buildings listed in the separate sheet to the plaintiff, and each of the above buildings from 119,811,202 and November 1, 2014.

Reasons

1. Facts of recognition;

A. On September 12, 2012, the Plaintiff set the lease deposit amount of KRW 150 million on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) newly constructed by the Plaintiff to the Defendant at the time, and leased the lease deposit amount of KRW 150 million on each of the following two years from the date the Defendant pays the remainder of the lease deposit (within 10 days from the completion date of each of the instant real estate) (within 10 days from the completion date of each of the instant real estate).

According to the terms of the above lease agreement between the Plaintiff and the Defendant, the Defendant, a lessee, should pay the lessor the management expenses incurred by the use and maintenance of each of the instant real estate.

B. On February 18, 2013, the Plaintiff completed registration of initial ownership relating to each of the above real estate, and the Defendant around that time paid the lease deposit to the Plaintiff in full, and thereafter, operates the skin center under the trade name of “C” after receiving delivery of each of the instant real estate from the Plaintiff.

C. The Defendant did not pay to the Plaintiff KRW 70,10,000 out of the rent for five months from June 2014 to October 201 of the same year. Moreover, the Defendant did not pay KRW 49,71,202 out of the management expenses for eight months from March 2014 to October 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid rent and management fee totaling KRW 119,811,202 (i.e., unpaid rent of KRW 70,100,000).

In addition, the defendant is in arrears with two or more different occasions. The plaintiff may terminate the above lease contract pursuant to Article 640 of the Civil Code, and it is apparent in the record that the purport of the claim and a copy of the application for modification of the cause of claim on October 31, 2014 of this case containing the plaintiff's declaration of intent to terminate the above lease contract was delivered to the defendant on November 7, 2014.

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