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(영문) 서울북부지방법원 2015.06.19 2014가단23970
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver 94.80 square meters of geographical strata among the buildings listed in the attached list;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 18, 2013, the Plaintiff, as the owner of the building listed in the attached list, was leased to the Defendant with the deposit for lease KRW 5,00,000, monthly rent KRW 450,000, and the period from October 31, 2013 to October 30, 2015.

(hereinafter “instant lease agreement”). B.

On October 31, 2013, the defendant received delivery of the part of the instant ground floor, and installed partitions for the office and warehouse, and from that time, he/she manufactures and sells Madpile, leather, bags, etc. from the part of the instant ground floor to the trade name C.

C. From October 31, 2013 to May 30, 2014, the Defendant paid the rent of KRW 3,150,000 to the rent of KRW 1,90,000 until then.

On May 9, 2014, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground of the unpaid rent, without paying the overdue rent by May 20, 2014. The Defendant did not pay the overdue rent by May 20, 2014.

E. On February 2014, the Plaintiff: (a) performed internal construction works on the instant sub-story; (b) leased the instant sub-story to the Defendant; and (c) claimed that the Defendant was responsible for water leakage at a partnership; and (d) performed construction works to prevent the instant sub-story.

F. Of the instant floor, there is a coloning revision on the left side of the office, water can be cut down on the uppermost of the office, and water can be cut down on the bottom of the office, and the ceiling of the warehouse did not have water-proofing, and the paint fell on the front part of the office, and the ceiling of the warehouse did not have water-proof, and there is no water-proof tank in the ceiling of the workplace.

G. At the time of the instant lease agreement, a restaurant called beauty room and D was located on the first floor of the instant building, and thereafter D was changed to the restaurant called E after February 2, 2014, and E was closed from February 2, 2015.

[Based on recognition] The entry of Gap evidence 1 to 6, and this Court.

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