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(영문) 인천지방법원부천지원 2015.06.02 2014가단51949
건물명도
Text

1. The defendant is paid KRW 5,649,562 from the plaintiff and simultaneously is underground of the real estate stated in the attached Table to the plaintiff.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1, Gap evidence 3, 4, Gap evidence 9, 10, Gap evidence 12, and Eul evidence 1 to 3.

On December 3, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the following terms: (a) as to the land size of No. 165 square meters (hereinafter “instant real estate”) connected in sequences 102 on the ship, among the first basements of real estate listed in the attached list owned by the Plaintiff, among the real estate underground floors listed in the attached list owned by the Plaintiff, each point of (i), (ii), (c), (iv), and (i).

(1) On December 9, 2014, the lease deposit amount of KRW 1,400,000 (excluding value-added tax) monthly rent of KRW 20,000 (excluding value-added tax): The lease period of KRW 1,40,000 from December 10, 2013 to December 9, 2014: The purpose of use: A restaurant: cafeteria. (2) The rent for the month shall be determined as KRW 00,000,000,000 in cash by the end of each month.

Provided, That when the above date expires, the lessor shall pay the overdue charge at the rate of 3% per month for the number of days elapsed of the rent in the relevant month plus the overdue charge.

Article 5 (Management and Maintenance Expenses, including Shared Area), (1) The lessee shall determine the monthly maintenance expenses of KRW 00,000 (excluding value-added tax) for all of the leased property as the monthly maintenance expenses, and the lessee shall pay the lessor the monthly maintenance expenses, along with the rent, by the end of each month.

Upon the expiration of the above date, the provisions of the proviso of Article 4 (1) shall apply mutatis mutandis and the arrears shall be paid to the lessor.

(1) If a lessee has committed an act falling under any of the following subparagraphs, the lessor may terminate the contract without any peremptory notice:

(1) If a lessee fails to pay rent, expenses for management and maintenance, and expenses under this contract on at least two occasions.

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