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(영문) 수원지방법원 성남지원 2018.03.09 2017가단216799
건물명도(인도)
Text

1. The defendant,

(a) deliver to the Plaintiff Sejong Trade Co., Ltd. the real estate listed in the attached Table 1;

B. The plaintiff.

Reasons

Basic Facts

- On June 5, 2015, Plaintiff Sejong Trade Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) leased real estate listed in the [Attachment 1] List to the Defendant (hereinafter “instant First Award”) on condition that deposit money be KRW 60,00,000, monthly rent be KRW 4,840,000 (including value-added tax) and the lease period be from June 19, 2015 to June 19, 2017.

- On June 5, 2015, Plaintiff A leased the real estate listed in the attached Table 2 List (hereinafter “instant Nos. 2”) to the Defendant on condition that deposit KRW 90,000,00, monthly rent of KRW 8,360,00 (including value-added tax) and June 19, 2015, from June 19, 2015 to June 19, 2017.

- The plaintiffs and the defendant agreed to pay the late payment charge calculated at the rate of 12% per annum in addition to the late payment charge if the monthly rent is overdue in the lease agreement.

- The Defendant paid each lease deposit of the instant 1 and 2 shops to the Plaintiffs, and has received delivery of the instant 1 and 2 shops, and is operating a restaurant of “C” in the instant 1 and 2 shops until now.

- As of February 9, 2018, the Defendant, as of KRW 37,930,00 and the sum of KRW 40,125,410 and the late payment fees, KRW 26,703,690, the aggregate of the management fees, and KRW 26,703,690,00 for the instant first price for the instant first price, was not paid to the Plaintiff Company. As of KRW 68,927,140 and the late payment fees for the instant second price, KRW 3,964,830, the aggregate of KRW 72,891,970 and the management fees, and KRW 16,409,130,00 for the instant first price.

[Reasons for Recognition] Under Article 10-8 of the Commercial Building Lease Protection Act, the lessor may terminate the lease contract if the annual rent of the lessee exceeds the three-year rent, regardless of whether the lease contract of this case 1, 2, 3, 5, 6, 7, 9, 10, 11, and 15 (including a serial number; hereinafter the same shall apply) was renewed after June 19, 2017, regardless of whether the lease contract of this case 1, 2, and 2, was renewed after June 19, 2017.

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