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(영문) 울산지방법원 2015.02.06 2014가단23965
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the annex, each point of Annex A, 2, 3, 4, and 1.

Reasons

1. As to the cause of claim

A. (1) On December 8, 2009, the Plaintiff, among the real estate listed in the attached Form, leased each of the attached Form No. 1, 2, 3, 4, and 132.2314 square meters inboard (hereinafter referred to as the “store in this case”), lease deposit amount of KRW 10 million, monthly rent of KRW 1320,000 (including value-added tax), and the lease term of KRW 136 months from December 8, 2009, respectively, to the Defendant.

(2) Around that time, the Defendant paid 10 million won to the Plaintiff the lease deposit and operated the food business after moving to the instant store. The Defendant delayed to pay 10 million won since October 2013.

(3) The Plaintiff expressed in the instant complaint the purport that “the lease of this case is terminated on the grounds of the Defendant’s delay of rent, etc.,” and the Defendant was served with a copy of the instant complaint on September 22, 2014.

(4) On October 31, 2014, the Defendant discontinued the business at the instant store and reported the closure of business, but still keeps straws, etc. at the instant store.

[Ground of recognition] Facts without dispute, Gap 1, 4 through 6, Gap 7-1 through 3, Gap 8, 9, Gap 10-1, 2, Eul 2, and the purport of the whole pleadings

B. (1) The defendant delayed the lease of this case. The lease of this case is deemed to have been terminated by the delivery of a copy of the complaint of this case including the plaintiff's declaration of termination on the ground of rent delay, etc.

The Defendant is obligated to deliver the instant store to the Plaintiff upon the termination of the said lease, except in extenuating circumstances.

(2) In addition, the Defendant is obliged to pay the Plaintiff the overdue charge.

The rent in arrears by the Defendant is calculated first from October 2013 to August 2014 by 11,4520,000 won per month (=1320,000 won x 11 month).

The defendant, upon the plaintiff's request, 4.20,000 won (=14.520,000 won - 10 million won) which deducts the security deposit of the lease of this case from the above overdue rent from the above overdue rent as well as this.

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