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(영문) 서울중앙지방법원 2014.10.29 2013가단5066457
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Seoul Gangnam-gu reinforced concrete structure flat 18 floors multi-family housing and multi-family housing.

Reasons

1. Facts of recognition;

A. On January 26, 2010, the Plaintiff and the Defendant and the Plaintiff’s order No. 1-A

The part indicated in the port (hereinafter “instant store”) entered into a lease agreement with the following terms (hereinafter “this private lease agreement”). The Defendant received the instant store from the Plaintiff and operated a coffee store with the trade name “C”.

The lease period: From March 15, 2010 to March 14, 2015: Where a lessee of late rent of 50 million won per month or monthly sales commission of less than 19% per month is less than 19%, the 19% of the monthly sales or monthly sales commission of less than 19% per month: The 25% late rent and late rent per month: The 25% rental fee per annum: the lease area (exclusive parking lot area of exclusive use area), 15,000 won per 3m2.3m2 per annum per year if he/she delays the rent or management fee of late rent of 25% per annum, or the rent of late rent of 19% per month or monthly sales commission of 19%: the 5m2 months may terminate this contract without a peremptory notice on performance.

B. Since March 2014, the Defendant did not pay monthly rent (the rent of KRW 9 million for March 2014), and did not pay management expenses since June 2013 (the payment of KRW 2,481,310 out of the management expenses for June 4, 2014), and the Defendant’s monthly rent and management expenses unpaid are as stated in the attached Form “The current status of the arrears of the C rent” and “the details of the arrears of the C management expenses,” respectively.

C. For more than two months of the Defendant’s declaration of intent to terminate the instant lease agreement on the ground of the following: (a) the written application for modification of the purport of the claim and the cause of the claim filed on August 29, 2014 was reached with the Defendant on September 22, 2014.

In addition to the instant store, the Defendant used the outdoor theater part of the 1st floor of the building in which the instant store was located (hereinafter “the instant outdoor theater”) for the Defendant’s business, and the instant real estate is located until the date of closing the pleadings.

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