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(영문) 부산지방법원동부지원 2015.03.13 2014가합3244
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 44,518,550 and as regards it,

Reasons

1. Facts of recognition;

A. On May 29, 2013, the Leesung Industrial Co., Ltd. concluded a lease agreement with the Defendant to lease the buildings listed in the separate sheet (hereinafter “instant building”) with the following content:

(hereinafter “Lease Lease Contract”). Lease deposit: 15,000,000 won per month: The lease contract period: from May 29, 2013 to December 31, 2015, if the Defendant does not pay rent, management fee, etc., the late payment charge calculated at the rate of 20% per annum from the day following the date of the contract payment to the Leesung Industry shall be paid to the Defendant, and if the Defendant does not pay the rent, management fee, etc., the interest industry may terminate the lease contract if it is overdue for not less than one month, while the interest industry may terminate the lease contract.

B. On March 21, 2014, the Plaintiff succeeded to the instant lease agreement by purchasing the instant building from Esung Industrial Co., Ltd., and the Defendant consented thereto.

C. On July 31, 2014, the Defendant did not pay KRW 35,277,093 of the entertainment tavern heavy taxation imposed on the instant building; and on September 4, 2014, the Plaintiff sent to the Defendant a certificate of content that the instant lease agreement is terminated if the Plaintiff did not pay the said entertainment tavern heavy taxation by September 20, 2014.

On October 10, 2014, the Plaintiff notified the Defendant that the instant lease contract was terminated by seeking payment of the sum of KRW 44,518,550, including the overdue rent and management fee (=6,542,720, including management fee of KRW 16,500,00 in August 2014, 6,542,720, including the rent of KRW 16,500,000, including management fee of KRW 16,500 in September 2014), and that the said notification reached the Defendant around that time.

E. The Defendant has been occupying and using the instant building in arrears with rent, etc. up to now.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including each number) respectively.

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