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(영문) 서울중앙지방법원 2014.11.20 2014가단14533
전포명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the two floors of the real estate listed in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1 of the attached Form 1.

Reasons

1. Facts of recognition;

A. On May 2010, the Plaintiff leased the real estate indicated in the separate sheet, and around May 2010, the Plaintiff subleted to the Defendant a portion of 32.74 square meters in the ship connecting each point of the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, and 1 among the two real estate units listed in the separate sheet No. 1, 2, 3, 4

B. The main contents of the sub-lease contract between the Plaintiff and the Defendant include: (a) the period from May 11, 201 to May 10, 201; (b) the deposit of KRW 30 million; (c) the monthly rent of KRW 2200,000 (excluding value-added tax); (d) the burden of the lessee on management expenses and value-added tax; (e) the burden of rent and value-added tax; and (e) the overdue interest rate of KRW 24% per annum, etc.

After the expiration of the above period, the sub-lease contract between the plaintiff and the defendant was renewed for one year.

C. The Defendant, from October 22, 2010 to June 2012, operated the instant store as B’s trade name, and later used it as a residential area.

On April 4, 2011, the Defendant paid only KRW 17 million in total as of May 17, 201, and KRW 17 million in total as of May 17, 201, and on June 27, 2012, the sum of the rent and management fee (including value-added tax) unpaid as of June 27, 201 is KRW 50,695,801.

E. On June 30, 2012, the Plaintiff notified the Defendant of the payment of rent and management expenses, and expressed his/her intent to terminate the said sub-lease contract on the grounds of the Defendant’s payment of rent and management expenses for at least three months, and expressed his/her intent to deduct KRW 30 million from the unpaid rent and management expenses during the instant lawsuit.

The amount equivalent to the rent of the store of this case is KRW 2,420,000 at present.

[Basis] Evidence Nos. 1, 2, 3-1, 2-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the sub-lease contract between the Plaintiff and the Defendant was lawfully terminated by the Plaintiff’s declaration of termination on June 30, 2012, and the Defendant occupies and uses the instant store without any legal cause after the termination of the said sub-lease contract.

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