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(영문) 서울중앙지방법원 2016.12.15 2015가단5380843
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the Seoul Jung-gu Seoul Jung-gu C Underground Awards, each point of Annex A, B, C, D, and A is indicated in the separate sheet.

Reasons

1. Basic facts

A. On March 7, 2012, the Plaintiff delegated the lease authority to the Seoul Jung-gu Seoul Metropolitan Government Facilities Management Corporation pursuant to the public property loan agreement and agreement, and entered into a lease agreement with the Defendant on March 7, 2012, setting forth a lease agreement with the lease deposit amounting to KRW 3,146,80 in the part inside the ship connecting each point of the above underground shopping districts (hereinafter “instant store”) of KRW 25.16 square meters in sequence of the above underground shopping districts (hereinafter “instant store”), KRW 3,146,80 in annual rent (excluding value-added tax), and the lease agreement with the period from January 1, 2012 to December 31, 2016.

(hereinafter referred to as the “instant lease contract”). B.

According to the instant lease agreement, the rent shall be calculated from January 1, 2012 to the date determined by the Plaintiff at the time of concluding the contract, and if the Defendant wishes, it may be paid in installments within 12 installments per annum by adding a certain interest (Article 4(1) and (2)). The Defendant shall pay the management fee calculated by the Plaintiff in accordance with the criteria for calculating the management fee by item (Article 4(4). If the Defendant fails to pay the rent, management fee, etc. by the fixed date, it shall be paid in addition to the charge for arrears according to the number of days in arrears pursuant to Article 10 of the Seoul Special Metropolitan City Ordinance on the Management of Under the Underground Road and Article 80 of the Enforcement Decree of the Public Property and Commodity Management Act, and the Defendant may terminate the instant lease in cases where the Defendant has failed to pay the above rent and the payment by 90

(Article XI(3)1(c).

At the time of concluding the instant lease agreement, the Defendant paid KRW 3,146,80 to the Plaintiff in the form of a guaranty insurance policy, and paid rent on a monthly basis upon delivery of the instant store. Since January 1, 2013, the Defendant did not pay monthly rent and management expenses for the instant store.

According to the instant lease agreement, the Defendant’s rent and management expenses that the Plaintiff should pay to the Plaintiff from January 1, 2013 to June 30, 2013.

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