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(영문) 서울북부지방법원 2017.09.19 2017가단104924
건물명도(인도)
Text

1. One floor of the real estate in the attached list to the plaintiff (appointed party);

A. Defendant B Co., Ltd. shall draw up annexed drawings.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed) and the designated parties are owners of the first floor of the real estate listed in the attached Table and joint operators of the business who jointly engage in rental business on the above commercial building.

Meanwhile, Defendant B (hereinafter “Defendant Company”) is a company operating large retailer business, etc., and Defendant C took office on August 30, 2016 as its representative director.

나. 원고(선정당사자)는 2016. 8. 8. 피고 회사와 별지 목록 기재 부동산의 1층 상가 중 별지 도면 표시 ㄱ, ㄴ, ㅊ, ㅋ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㄱ의 각 점을 차례로 연결한 선내 (가)부분 460㎡(이하 ‘이 사건 임대차목적물’이라고 한다)에 관하여 다음과 같은 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라고 한다)을 체결하였다.

Rental deposit: 5,600,000 won for monthly rent of KRW 60,000 (payment at the end of each month, but from November 1, 2016 to KRW 5,900,000 for each item of value-added tax): Voluntary contract termination when two months have elapsed from August 1, 2016 to July 31, 2018 (24 months).

C. Meanwhile, at the time of the conclusion of the above lease agreement, the Plaintiff (Appointed) and the Defendant Company agreed to take over the claim for the refund of the lease deposit against D, a former lessee, and to pay the Defendant Company the overdue rent of KRW 10,480,000 to the Plaintiff (Appointed Party) by August 25, 2016.

However, the Defendant Company did not pay the unpaid rent of KRW 10,480,000 as well as the monthly rent of KRW 10,480,000, while running the business in the subject matter of the lease of this case after the conclusion of the above lease contract.

Accordingly, on October 10, 2016, the Plaintiff (Appointed Party) paid the Defendant Company KRW 22,820,000,000, in total, including D’s unpaid rent and the unpaid monthly rent of KRW 12,320,00,00 until around that time through content-certified mail, and if not, the instant lease agreement is concluded.

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