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(영문) 서울중앙지방법원 2015.06.02 2014가단5302808
건물명도
Text

1. The defendant,

A. From 40,00,000 to 40,000 won from the Plaintiff, among the real estate listed in the list of the attached real estate from May 1, 2015 shall be attached.

Reasons

1. Determination on the cause of the claim

A. 1) On August 1, 2009, the Plaintiff is a real estate listed in the separate sheet (hereinafter “instant building”) between B and B.

Of the attached drawings, 109 square meters inside a ship (hereinafter “instant store”) connecting each point of paragraphs (a), (b), (c), (d), and (a) with patrol shall be referred to as “instant store”).

(2) From August 1, 2009 to July 31, 2014, the lease term was determined as KRW 40,000,000, monthly rent of KRW 1,500,000, monthly management fee of KRW 1,320,00 (the rent and management fee of KRW 1,320,00) and the monthly management fee of KRW 1,320,00. (2) B requested the Plaintiff to change the lessee into B while transferring the instant store to the Defendant on January 2010. On January 28, 2010, the Plaintiff entered into a contract with the Defendant to change the lessee of the lease agreement of the above Section 1.

(3) On August 1, 2012, the Plaintiff entered into a contract with the Defendant to increase the monthly rent of KRW 1,635,00, and monthly management expenses to KRW 2,065,00 (excluding value-added tax for monthly rent and management expenses). (4) On April 10, 2014, which is three months before the termination of the instant lease contract, the Plaintiff notified the Defendant on the following: “The instant lease contract is terminated on July 31, 2014; thus, the instant lease is terminated.”

5) After July 10, 2014, the Plaintiff extended the term of the instant lease agreement between the Defendant and the Defendant on August 15, 2014. 6) Meanwhile, the Defendant paid the monthly rent and monthly management expenses under the instant lease agreement until April 30, 2015.

[Grounds for recognition] Gap 1 or Gap 8's entries, the purport of the whole pleadings

B. According to the above facts of recognition, the instant lease contract was terminated on August 15, 2014.

Therefore, the defendant delivers the store of this case to the plaintiff, barring special circumstances, and the monthly rent and monthly management fee paid by the defendant after the termination of the lease contract of this case are the following day.

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