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(영문) 서울북부지방법원 2018.05.03 2017가합20733
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver 1,106.2931 square meters of the second floor among the real estate listed in paragraph 1 of the attached list;

(b) 100.

Reasons

Facts of recognition

The plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings"), which consists of all sectional owners of the real estate "A" (hereinafter referred to as "the building in this case") in attached Table 1, which is a main complex commercial building and apartment building in Jung-gu Seoul Metropolitan Government.

The defendant is the person who leased the second floor of the building of this case from the plaintiff and operated a spawroom.

On December 2, 2015, the defendant entered into a lease contract, joint mortgage contract, and the following lease contract was concluded with the plaintiff, and on the same day, the plaintiff transferred the second floor of the building of this case from the plaintiff and operated a scam bank with the trade name "D Scam bank".

The lease term of the second floor of the building in this case: the lease term from December 2, 2015 to December 1, 2016: 100 million won per month: the lease deposit amount: KRW 12 million per month, and the management expenses: Article 4 of the separate rate of value-added tax (the overdue charge) (1) in addition to the overdue interest rate of KRW 2 million per month and value-added tax where the rent prescribed in this contract is not paid by the due date.

In such cases, the period of arrears shall not exceed 30 days.

(2) Where the defendant fails to pay management expenses by the date designated by the plaintiff, he/she shall additionally pay an amount equivalent to 10% of the amount to be paid, and in such cases, the amount shall not exceed 30 days from the

(Interim omitted) (4) If the Defendant fails to pay the rent and management fee for at least two months, the Plaintiff may terminate the contract at will, and the amount in arrears shall be deducted from the lease deposit.

Article 13 (Plaintiff's Right to terminate Contract) ① When the Defendant committed any of the following acts, the Plaintiff may terminate the contract immediately without sending the highest letter:

(2) In the case of paragraph (1), the Plaintiff shall at any time pay the prescribed rent and expenses.

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