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(영문) 전주지방법원 2015.10.14 2015가단11825
건물명도
Text

1. From 148,00,000 to 140,000 to 140,000 general restaurants of the first floor among the real estate listed in the separate sheet from April 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 2008, the Defendant entered into a contract to establish a lease on a deposit basis with respect to the first floor general restaurant of 40.66 square meters (hereinafter “instant commercial building”) from the development of Sejongdong Co., Ltd. by setting the deposit amount of 220 million won and the lease period of 220 million won as of September 22, 2012, and ordered a lease on a deposit basis on October 1, 2008.

The right to lease on a deposit basis was registered.

B. On March 8, 2011, the Plaintiff acquired ownership of the real estate listed in the separate sheet, and entered into a lease agreement between the Defendant and the Defendant on September 20, 201, with respect to the instant commercial building, with the lease deposit of KRW 220 million, KRW 20 million per month (paid on October 10, 201), and the lease term from October 10, 201 to April 9, 2013.

After that, on April 10, 2013, lease deposit amounting to KRW 220 million, KRW 300,000 per month (payment on the 10th of each month), and lease term was renewed for 24 months from April 10, 2013 (hereinafter “instant lease contract”).

C. On April 10, 2013, the Defendant did not pay a rent once after the conclusion of the instant lease agreement, and thereafter occupies the instant building after establishing a right to lease on a deposit basis.

On October 17, 2013, the Plaintiff sent to the Defendant a proof of the content of demanding the payment of the rent in arrears. On March 4, 2015, the Plaintiff requested the delivery of the instant building by notifying the termination of the instant lease agreement due to the unpaid rent on March 4, 2015.

E. On April 10, 2015, the monthly rent of the instant commercial building, premised on the existence of KRW 148,000,000 as of April 10, 201, is equivalent to KRW 1,988,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above fact-finding on the cause of the claim, barring any special circumstance, the instant lease agreement is proved to the Defendant on March 4, 2015, which included the Defendant’s declaration of termination due to the delay of rent.

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