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(영문) 서울북부지방법원 2017.07.07 2017가단1308
건물명도 및 월세금
Text

1. The defendant,

A. From 10,000,000 to the following delivery date:

other than the money mentioned in paragraph (1).

Reasons

1. Facts of recognition;

A. On June 24, 2002, the Plaintiff issued an order to the Defendant.

항 기재 ㈐ 부분(이하 ‘이 사건 점포’라 한다)을 임대차보증금 10,000,000원, 월차임 550,000원(매월 29일 후불), 임대차기간 2009. 7. 29.부터 24개월로 각 정하여 임대하였다.

B. Under the above lease agreement, the Defendant paid the Plaintiff the lease deposit, and received the delivery of the said store from the Plaintiff, and operated “C” at the same time, and renewed the lease agreement.

C. On March 29, 2015, the original Defendant agreed to maintain the same conditions and increase the monthly rent of KRW 600,000. Meanwhile, the Defendant agreed to pay the Plaintiff KRW 10,000 per month cleaning cost and KRW 2,500 per month management cost, as in the payment method of rent.

As the Plaintiff remains unpaid from February 29, 2016, the Plaintiff sent to the Defendant a certificate of content that terminates the lease contract on September 20, 2016. The above content certification reached the Defendant around that time. The Defendant still occupies and uses the instant store until the closing date of the argument in this case.

E. Meanwhile, the monthly rent, cleaning expenses, management expenses, or the amount equivalent thereto, which the Defendant unpaid to the Plaintiff during the period until January 28, 2017, are 6,710,000 won in total [6,60,000 won in monthly rent = 6,600,000 won in monthly rent 】 90,000 won in cleaning expenses x 90,000 won in month x 10,000 won in month x 20,000 won (8 months x 2,500 won in month)];

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings

2. Determination

A. According to the premise for determination as to the cause of the claim (i.e., determination as to the obligation to deliver), the lease agreement between the original defendant on the instant store is stipulated as the cause of termination in the case where the amount of monthly rent overdue for at least seven months continues to reach the amount of rent for at least two consecutive months, and the Commercial Building Lease Protection Act provides as the grounds for rejection of renewal in the case where the amount of rent overdue for at least three consecutive terms reaches the amount of rent for at least three previous terms. Based on the Plaintiff’s expression of intent to terminate the lease on the grounds of the foregoing ground.

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