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(영문) 서울중앙지방법원 2015.04.17 2014가단88992
건물명도등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached Table 2 List 159.72 square meters and underground floors among the buildings listed in the attached Table 2 List, Attached Table 2.

Reasons

1. Facts of recognition;

A. On February 28, 2013, the Defendant leased the entire three floors of the instant real estate and 112.95 square meters of the underground floors from one other, the owner of the building listed in the attached Table 2 (hereinafter “instant building”) on February 28, 2013, and received delivery of the leased portion.

The defendant has obtained a license as stated in the attached Form of a specific alcoholic beverage wholesale license and engages in the alcoholic beverage wholesale business in the leased part.

B. On June 14, 2013, the Plaintiff acquired ownership of the instant building.

On June 14, 2013, the Defendant entered into a lease agreement with the purport that all of the terms and conditions of the lease agreement entered into.

(hereinafter “instant lease agreement”). The terms and conditions of the lease are as follows:

(1) The third floor of the instant building: 7 million won for a lease deposit, 2090,000 won for a rent (including management expenses and value-added tax), and 112.95 square meters for the first floor of the instant building from March 1, 2013 to March 1, 2014 (2) from March 1, 2014: 3 million won for a lease deposit, 660,000 won for a rent (including management expenses and value-added tax), from March 1, 2013 to March 1, 2014.

C. The Plaintiff carried out the interior construction work from July 2013 to August 2013 due to the occurrence of water satisfing and satisfying on the first floor of the instant building.

In the process, the structure of the underground 1st floor was partially modified, and as a result, the Defendant’s occupied and used area decreased from 112.95 square meters to 95.46 square meters (the portion on the ship (A) connected with each point in sequence of 1, 2, 3, 4, 5, 6, 7, 8, 1).

With respect to the leased portion of the first floor of the instant building, the Defendant did not pay the Plaintiff the rent of 660,000 won for the monthly rent from November 1, 2013, as well as the rent of 660,000 won for June 1, 2013. Regarding the third floor of the instant building, the rent of 62,70,000 won for October 31, 2013, and the rent of 6,270,000 won for December 4, 2013, and the rent of 209,000 won for each month from March 18, 2014, were not paid.

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