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(영문) 서울동부지방법원 2014.12.17 2014가단10602
건물명도
Text

1. The defendant shall be the plaintiff.

(a) holidaying 389.76 square meters of geographical layers among the real estate listed in the attached list;

(b) from August 3, 2014.

Reasons

1. Determination as to the cause of claim

A. (1) On March 14, 2013, the Plaintiff leased a lease deposit of KRW 45,000,000, monthly rent of KRW 3700,000 (Additional Tax separately), and the lease period from April 15, 2013 to April 14, 2015 (hereinafter “the lease contract of this case”). The Defendant operates a manufacturer Co., Ltd. at the instant store.

(2) From September 2013, the Defendant delayed payment of the rent, and the Plaintiff notified the termination of the contract pursuant to Article 4 of the instant lease agreement (the lessor may immediately terminate the contract when the lessee has been in arrears for at least three consecutive years) on December 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 9, the purport of the whole pleadings

B. According to the above facts of recognition, the lease contract of this case was lawfully terminated due to the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to order the Plaintiff to leave the store in this case and pay the Plaintiff unjust enrichment equivalent to the overdue rent and rent.

2. Judgment on the defendant's assertion

A. The defendant asserts that due to the plaintiff's poor management's failure, the number of real estate in this case occurred on the first floor of this case, which caused the damage of the defendant. In such a case, the defendant can seek a refusal or reduction of the rent to the plaintiff. Thus, the termination of the plaintiff's contract based on the defendant's overdue overdue payment cannot be acknowledged under the principle of good faith. The defendant asserts that the defendant suffered damage equivalent to the sum of KRW 30,744,972, such as the damage of the products and clerical equipment kept by the defendant due to water leakage, myi removal cost, business loss, etc.,

The number of lives Nos. 1, 2, 4, 5, 7, 8.

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