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(영문) 울산지방법원 2014.05.02 2013가단11545
건물명도 등
Text

1. The defendant,

A. The Plaintiff received KRW 3,058,334 from the Plaintiff and at the same time, the real estate indicated in the attached Table is included in the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 14, 2010, the Defendant: (a) leased KRW 139.92 square meters of the first floor among the instant real estate from C, a 1/2 equity right holder of the instant real estate (hereinafter “the instant store”); (b) agreed to pay KRW 750,000 per month rent in advance on the 14th of each month (hereinafter “instant lease agreement”); and (c) thereafter, on July 3, 2012, the lease deposit was increased to KRW 10,000,000,000 per month, and the monthly rent was increased to KRW 8.50,000.

B. From April 22, 2010, the Defendant registered his/her business with the trade name D and operated a restaurant at the instant store.

C. On July 8, 2012, the Plaintiff purchased this from C and E, a co-owner of the instant real estate, and completed the registration of ownership transfer on September 13, 2012.

The purport of the Defendant stated that the Plaintiff shall receive KRW 850,00 from September 14, 2012 to November 27, 2013 the monthly rent from September 14, 2012, and the monthly rent from September 13, 2012 is deemed exempted.

On January 8, 2013, the Plaintiff sent a content-certified mail stating the intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the said content-certified mail is the same month.

9. The defendant was served.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 4, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts and (i) the duty to terminate the lease agreement and to deliver the instant store, the Defendant, from September 13, 2012, was obligated to pay monthly rent from September 14, 2012, which the Plaintiff acquired the ownership of the instant real estate, but did not pay rent for the four-yearly period from the date of the notice of termination, barring any special circumstance. Thus, the instant lease agreement was lawfully terminated on January 9, 2013 by the Plaintiff’s declaration of termination on the ground of such declaration.

Luxembourg The Defendant does not notify the Plaintiff of the fact that the Plaintiff acquired the ownership of the store of this case and the account number for the payment of the rent is not known.

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