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(영문) 제주지방법원 2015.06.12 2014가단14992
점포인도등
Text

1. The Defendants also indicate the attached Form No. 1,750 square meters on the ground of the DD reinforced concrete structure at Jeju-si, among the 1,750 square meters underground floor.

Reasons

1. Facts of recognition;

A. The Plaintiff leased, from the Jeju Mayor, Q44 and Q44 and 23.06 square meters (hereinafter “instant store”) on board, which are the public property of Jeju Special Self-Governing Province.

B. On December 17, 2011, the Plaintiff entered into a sublease contract with Defendant C, setting the contract term of two years, deposit amount of five million won, annual rent of 20,000,000 won with respect to the instant store.

Defendant C has completed business registration in the Jeju Tax Office around January 30, 2012, and from around that time, Defendant C is occupying and using the instant store while engaging in a closed food and retail business with the trade name of “E” at the instant store from that time to that of the closure of pleadings.

C. On December 17, 2012, the Plaintiff concluded a lease transfer agreement (hereinafter “instant agreement”) with Defendant C, the husband of the Defendant C, on a condition that the annual rent of KRW 1,00,000 is reduced to KRW 1,20,000, under which the term of the contract was one year, deposit was KRW 5,000,000, annual rent of KRW 19,000,000 for the instant store.

The main contents of the instant contract are 4. A.

Plaintiff

The defendant B may terminate the contract by notifying the termination of the contract in writing one month prior to the expiration of the transfer period, and if there is no notification of the termination of the contract, the right of lease shall be transferred without the due date, and the plaintiff or the defendant B shall terminate the transfer contract two months after the expiration of the transfer period in writing.

B. Where Defendant B delays the annual payment for at least two months, the Plaintiff may terminate the contract and terminate the contract immediately on the date it is notified in writing.

D. The following:

Defendant B paid 19,00,000 annual rent under the instant contract to the Plaintiff around December 17, 2012, and paid 5,000,000,000 annual rent from January 28, 2014 to December 16, 2014, among the annual rent of 19,000,000,000 from January 17, 2013 to December 16, 2014, and did not pay the remainder of the rent.

E. The instant contract is terminated on the ground of the delinquency of rent for not less than two months.

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