(영문) 의정부지방법원고양지원 2015.06.12 2014가단27077

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(영문) 의정부지방법원고양지원 2015.06.12 2014가단27077

건물명도 등

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On October 29, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the Plaintiff entered into the lease agreement with the Defendant: (b) as to the D building in the attached list No. 702 through 704 (hereinafter “instant building”); (c) on the premise that the Defendant would engage in singing-out business in the instant building, the lease agreement was concluded between KRW 40,000,000, monthly rent 3,000,000, and the lease period from October 30, 2013 to October 30, 2014 (hereinafter “the instant lease agreement”).

Article 5 of the above lease agreement provides that “if the lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor,” and the special agreement provides that “if the rent is overdue for at least two years, the lessee shall lose the benefit of the time limit.”

Of the deposit under the above lease agreement, 10,000,000 won was paid until May 30, 2014. Accordingly, the Defendant paid only 30,000,000 won out of the deposit to the Plaintiff, and operated a singing room with the name of “E” in the above building.

B. Since 2014, the Defendant was unable to pay the rent to the Defendant for a business depression, and the Defendant continued not to pay the rent. On April 25, 2014, the Plaintiff issued to the Defendant a certificate to the effect that the instant lease contract was terminated on the grounds that the payment of the rent delayed and the remainder of the deposit was unpaid, and that the Defendant filed a lawsuit as of April 30, 2014, and reached the Defendant around that time.

In addition, on June 10, 2014, the Plaintiff issued a certificate to the effect that the Plaintiff would bring an action for surrendering, and that the Plaintiff would restore the Plaintiff to its original state on October 29, 2014, as of January 30, 2014, as from January 30, 2014 to April 30, 2014, the reduction of KRW 500,000, which is the tea from January 30, 2014, as from May 30, 2014.

C. The defendant's business status was run by singing in the building of this case, but the above.

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