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1. The part concerning the claim for the cancellation of business registration among the instant lawsuit is dismissed.
2. The defendant shall be the plaintiff and Ga.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the building listed in the attached Table 1 list (hereinafter “instant building”), and the said building is used as a coffee store between “C” and “C.”
Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice continuously or has violated the provisions of Article 3, the lessor may terminate the contract without delay.
Article 5 (Termination of Lease Contract) When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
(hereinafter omitted): A special agreement shall be entered into in advance, and the lessor may terminate the contract without any peremptory notice if the lease is in arrears on at least two occasions.
A lessee shall restore all facilities to the original state upon the expiration of the contract.
B. On May 9, 2015, the Plaintiff concluded a lease agreement between the Defendant and the instant building (hereinafter “instant lease agreement”) with a deposit of KRW 30,000,000, monthly rent of KRW 2,400,00 (excluding KRW 10% payment on June 25, 201), and the lease agreement between June 9, 2015 and June 9, 2017 (hereinafter “instant lease agreement”).
Of the terms of the instant lease agreement, the part related to the instant case is as follows.
C. The Defendant paid a deposit of KRW 30,000,00 to the Plaintiff and received the instant building from the Plaintiff on or around June 9, 2015. Around that time, the Defendant has completed the business report as described in attached Table 2(1) and the business registration as described in attached Table 2(2) and completed the business registration as described in attached Table 2(2) and is currently running a coffee store until now.
The Defendant did not pay the remainder of the rent to the Plaintiff without paying only the amount calculated by subtracting the value added tax from the monthly rent on June 2015 and July 2015.
E. On May 10, 2016, the Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent, and sent to the Defendant a certified mail indicating that the instant building should be restored to its original state within 10 days, which was served on the Defendant around that time.
F. The Defendant installed the interior facilities of this case, and removed them.