logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.17 2015가단5157692
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in the Schedule 1 and 2;

(b) KRW 71,171,780 and January 1, 2016

Reasons

1. Basic facts

A. On December 19, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amounting to KRW 50 million, monthly management expenses, KRW 240,000,000, monthly rent of KRW 2.6 million, and the lease period from December 30, 2013 to December 30, 2015 (hereinafter “instant lease agreement”).

B. The Defendant received delivery of the instant building under the instant lease agreement, but delayed reporting on the discontinuation of the previous lessee’s business as to the instant building, making it possible to start the Defendant’s business in the instant building on April 15, 2014, and the Plaintiff exempted the Defendant from the obligation to pay monthly rent and management expenses until April 14, 2014.

C. After April 15, 2014, the Defendant issued a notification to the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s nonperformance of obligation, on April 24, 2015, other than the payment of KRW 2,360,870, which is part of the management expenses, as well as the rental deposit under the instant lease contract, and the rent and the remainder management expenses, etc. from April 15, 2014.

The monthly rent that the Defendant has not paid between April 15, 2014 and December 31, 2015 is KRW 58,630,00 (=2,80,000 won for monthly rent including value-added tax x 1,430,00 won for 20 months from May 1, 2014 to December 31, 2015 (=2,860,000 won for monthly rent including value-added tax x 1/2). The total amount of management fees that the Defendant has not paid during the said period is KRW 12,541,780 for 20 months from May 1, 2014 to December 31, 2015).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 4-2 to 4, Gap evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is to restore the plaintiff to its original state following the termination of the instant lease agreement.

arrow