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(영문) 서울중앙지방법원 2015.02.04 2013가단311770
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From 25,00,000 won to 12,715,090 won from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 9, 2009, B entered into a commercial building lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant, setting the lease deposit amount of KRW 25,00,000, monthly rent of KRW 2,200,000, management fee of KRW 100,000, and the contract period of the contract from October 12, 2009 to October 11, 201, wherein the Defendant paid the remainder of the contract amount, and the Defendant paid the said deposit and possessed and used the said building.

B. On April 18, 2013, the Plaintiff purchased the instant building from B and completed the registration of ownership transfer in the name of the Plaintiff on August 19, 2013.

C. Since then, the instant lease contract was implicitly renewed, and the Defendant did not pay monthly rent and management fee of KRW 100,000 each month from June 2014.

In addition, the defendant does not pay 1,215,090 won in total before the plaintiff receives the ownership of the building of this case.

On October 17, 2014, the Plaintiff urged the Defendant to pay a fee on several occasions and notified that the Plaintiff did not intend to extend the contract, and notified the Defendant of the termination of the instant lease due to the Defendant’s delinquency in payment of rent for at least two months due to the modification of the purport of the instant claim and the cause of the claim, and the said declaration of intent reached the Defendant on October 28, 2014.

E. Articles 4 and 5 of the instant lease agreement provide that “If a lessee fails to pay a lessor monthly rent and management and maintenance expenses by the due date, 3% of the overdue rent and management and maintenance expenses shall be paid every month in addition to a fine for negligence (damage for delay).”

F. In addition, Article 19 of the instant lease contract is normal from the date of termination of this contract to the date of actual surrender or restoration where a lessee fails to take out the leased property or property for any reason, or the lessee is unable to take out the leased property by restoring it to its original state.

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