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(영문) 서울동부지방법원 2018.06.14 2018가합100166
건물명도(인도)
Text

1. The Defendant shall deliver each real estate listed in the separate sheet from May 10, 2018 to KRW 103,43,976 from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On July 15, 2016, the Plaintiffs and the Defendant concluded a lease agreement with the Plaintiffs on the condition that the instant real estate is leased 200 million won, 17% of the monthly net sales (excluding the value-added tax; hereinafter the same shall apply) or 10 million won, and that it leases the instant real estate for seven years from September 29, 2016, with the term of lease fixed.

(hereinafter referred to as the “instant contract,” and the said lease is referred to as the “instant lease”). B.

The Defendant paid 200 million won to the Plaintiffs the instant lease deposit, and completed the registration of establishment of each of the instant chonsegwon on the instant real estate.

Since then, while operating coffee specialty in the instant real estate, the Defendant paid to the Plaintiffs a monthly net sales of KRW 17% or KRW 10 million, which is the higher of the monthly net sales.

C. From May 2017 to December 2017, the Defendant did not pay KRW 80,000,000 for eight months, and the Plaintiffs, on the grounds of the Defendant’s delinquency in rent, sent a copy of the instant complaint, and expressed their intent to terminate the instant contract through the service of the duplicate of the instant complaint.

According to the instant contract, the Defendant shall pay the monthly rent by the 10th day of the following month, and if delay is made, the overdue interest calculated at the rate of 18% per annum from the following day to the date of actual payment shall be paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant contract was terminated on January 18, 2018, when the duplicate of the complaint was served on the Defendant, according to the part of the claim for the registration of the transfer of the instant real estate and the cancellation of the registration of each of the chonsegwon.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to implement the registration procedure for cancellation of each of the instant chonsegwon.

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