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(영문) 부산지방법원동부지원 2016.11.23 2016가단2460
건물인도등
Text

1. Defendant B pays KRW 67,913,260 to the Plaintiff.

2. Plaintiff’s claim against Defendant C and Defendant B.

Reasons

1. Basic facts

A. On March 8, 2014, the Plaintiff entered into a lease agreement with Defendant B to KRW 50,00,000, KRW 4,500,000 per month of rent, and the lease term from March 15, 2014 to September 30, 2016 (hereinafter “instant lease agreement”). The Defendant B received the said real estate from the Plaintiff and operated the instant restaurant with D.

B. On the other hand, the instant lease agreement stipulated that “monthly rent is separate from surtax, environmental and traffic contributions are borne by the user. Upon the termination of the lease, the lessee may demand the lessee to pay the rights, facility costs, etc.., and the lessee shall restore the store, such as facility costs, to its original state.”

C. Defendant B did not pay to the Plaintiff the difference from December 2014.

The sum of the overdue rent and management expenses that Defendant B did not pay by December 2015 is KRW 76,387,600 in total ($62,550,000 in delayed rent + KRW 13,567,600 in unpaid management expenses + KRW 270,00 in transportation and environment contributions).

The Defendants, on July 22, 2015, shall pay late rents in arrears for D cafeterias operated by the Defendants.

7. 31. Where it is not possible to resolve until 31. It is confirmed that the store will be restored to its original state and that it will comply with the requirements of the lessor;

The Plaintiff prepared and delivered a letter stating “I,” and on September 18, 2015, agree to the termination of the lease agreement at the time that the instant real estate is not leased until September 30, 2015. I agreed to accept the letter at any time if I wish to do so, and deliver it to the Plaintiff.”

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 6-1, 2

2. The plaintiff asserts that the contract of this case was terminated, and thus, to the defendants, the order of surrender, overdue rent, management fee, and rent.

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