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(영문) 서울동부지방법원 2017.12.20 2017가단122926
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. Basic facts

A. On August 28, 2014, the Plaintiff entered into a lease agreement with the Defendant by setting the amount equivalent to 200,000,000 square meters of lease deposit, 15% of the monthly rent sales (the payment on the 10th of the following month), from December 19, 2014 to December 18, 2017, with respect to the portion (A) of the real estate listed in the separate sheet connected each point in sequence 1, 2,3, 4, 5, 6, 7, and 1 (hereinafter “instant store”), among the real estate listed in the separate sheet, and delivered the instant store to the Defendant around that time.

B. From around that time, the Defendant operated the restaurant with the trade name “C” at the instant store, and has separately paid KRW 495,000 per month to the Plaintiff for the use of storage, such as equipment necessary for the operation of the said restaurant.

C. However, from August 2016 to October 27, 2017, with respect to the overdue rent as of October 27, 2017, the Defendant starting with the arrears of the rent, management fee, and warehouse usage fee, the sum of the overdue rent and late payment charge not paid until April 20, 2017, which is the date of termination of the instant lease contract (the sum of the late payment charges by the rate of 24% per annum) is as listed in the following table.

Accordingly, on April 19, 2017, the Plaintiff sent to the Defendant a letter verifying the termination of the instant lease agreement on the grounds of delinquency, such as rent, etc. by the Defendant, and the said mail was served on the Defendant on April 20, 2017.

[Ground for Recognition: Facts without dispute, entry in Gap 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings]

2. According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on the ground of the defendant's non-performance of obligation, the defendant delivered the store of this case to the plaintiff by returning the contract to the original state following the termination of contract, and the defendant delivered the store of this case as a sum of the overdue rent, management fee, and warehouse rental fee, etc., and its amount.

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