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(영문) 서울북부지방법원 2016.05.20 2015나35957
건물명도
Text

1. The defendant's appeal is dismissed.

2. Upon receiving the claim added at the trial, the Defendant from December 13, 2015 to the Plaintiff.

Reasons

1. Facts of premise;

A. On May 20, 2014, the Plaintiff entered into a lease agreement with the Defendant as follows (hereinafter “instant lease agreement”) with respect to the real estate indicated in the separate sheet, and the lease deposit was transferred from the Defendant’s account to the Plaintiff’s East F’s account on August 18 to 19, 2014.

The actual contents of the lease deposit amounting to KRW 110,00,000, monthly rent of KRW 9,000,000 (determined as the starting date of business after the tenant moves in), and on June 30, 2014 from June 30, 2014 to June 30, 2017, the lessor may terminate the lease contract if the overdue interest of the lessee under Article 4 (Termination of the Contract) exceeds the amount of the rent of the two period.

The actual contents of value-added tax shall be separately provided.

A lessee shall restore the leased object to its original state upon termination of the lease.

The actual monthly rent shall be paid 25 days per month under the attached Table special agreement.

B. Around the date of the above contract, the Defendant received delivery of the said real estate and completed a report on the business of food service business to the head of the competent local government on August 12, 2014, and occupied and used the said real estate as a refined restaurant until now (the commencement date of restaurant on the management ledger was August 12, 2014).

C. On January 21, 2015, the Plaintiff sent the content certification (hereinafter “the first content certification”) to the Defendant, and around February 26, 2015, respectively, the content certification (hereinafter “the second content certification”) to the Defendant. Each content certification was delivered to the Defendant by the time of each dispatch. The specific content is as follows.

The second content certification of the first content is argued that the defendant is not in arrears. However, in September 2014, the amount of 6,700,000 won including the value-added tax 1,80,000 won per month and 4,900,000 won per month (including value-added tax) in December 2014, including the rent in December 2014.

The actual tax rate is that, until January 25, 2015, if the rent is not paid in December 2014 and January 2015, the rent is paid at two times according to the termination clause of Article 4 of the lease contract.

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