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(영문) 서울중앙지방법원 2016.04.21 2015가단5366717
건물명도
Text

1. The defendant shall indicate, among the real estate listed in the attached list, the annexed drawings to the plaintiff, (1), (2), (3), (4), (5), and (1) respectively.

Reasons

1. Facts of recognition;

A. On January 15, 2014, the Plaintiff leased to B, a representative of the Defendant Company, part of the attached Form No. 1, 2, 3, 4, 5, 6, and 271.93 square meters (hereinafter “instant real estate”) of the real estate indicated in the attached Form No. 1, 2, 3, 4, 5, 6, and 271.93 square meters (hereinafter “instant real estate”). Around that time, the instant real estate was handed over

(hereinafter referred to as the "lease Agreement". The lease period: 150,00,000 won: 12% (payment on the 10th day of each month) of the sales in the immediately preceding month; and 4,586,000 won for direct and general management expenses for electricity, gas, water supply, etc.; where the lessee has failed to pay the monthly rent or management expenses at least twice a year, the lessor may terminate the lease without the peremptory notice for the performance.

B. After that, on October 23, 2014, the Plaintiff, Defendant Company, and B agreed to take over all rights and obligations under the instant lease agreement by the Defendant Company, while preparing and concluding a "agreement on the alteration of lessee" with the purport to change the lessee under the instant lease agreement to the Defendant Company.

C. Since May 2015, the Defendant Company did not pay the Plaintiff rent, management fee, and expenses, the Plaintiff urged the Defendant Company to pay rent, etc. on or around August 24, 2015. Nevertheless, the Plaintiff notified the Defendant Company that the instant lease contract was terminated on or around September 10, 2015, and the said notification reached the Defendant Company on September 11, 2015.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was terminated by the notification of the termination of the contract of the plaintiff due to overdue delay, such as the rent of the defendant company.

As such, the Defendant Company is the Plaintiff.

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