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(영문) 서울중앙지방법원 2016.01.13 2015가단5306562
건물명도
Text

1. The Defendants are each of the indications 1, 2, 3, 4, and 1 of the annexed drawings on the first floor below real estate listed in the annexed list to the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 201, the Plaintiff leased to Defendant A the lease period of KRW 24.26 square meters (store number C; hereinafter referred to as “instant store”) of the portion on the ship (a) connected each point in sequence of 1,2,3,4, and 1, indicated in the attached Table No. 1 on the ground of the real estate underground floor indicated in the attached Table No. 1 on May 31, 201, by setting the lease period of KRW 40 million from June 1, 201 to May 31, 2012, the deposit of KRW 40,000,000, monthly rent of KRW 660,000.

(hereinafter “instant lease agreement”)

B. According to the instant lease agreement, KRW 10,00,00 of the down payment of KRW 12,000 on the date of the contract, intermediate payment of KRW 12,00,000 on August 31, 201, and KRW 18,000,000, respectively, shall be paid until November 30, 201, and where the intermediate payment is not paid within the agreed period, the contract shall be terminated and the down payment shall not be returned.

C. Defendant A paid KRW 10,000,000 as down payment of KRW 40,000,000 on May 31, 2011, the date of the contract, and did not pay the intermediate payment and the balance.

The Plaintiff terminated the instant lease agreement by notifying the Defendant A of the restoration to the original state due to the expiration of the lease agreement term through the mail proving the content of the lease agreement, despite the demand for the payment of the intermediate payment of the deposit via the mail certifying the contents of the contract to the Defendant on October 18, 2011.

E. Meanwhile, on May 31, 201, Defendant A sublets the instant store to Defendant B to Defendant B, and Defendant B runs business in the instant store with “E”.

[Ground of recognition] Facts without dispute, Gap's entries or videos, the purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract of the store of this case was terminated lawfully, the defendants are obligated to deliver the store of this case to the lessor or the plaintiff as the owner of the store of this case.

Defendant A remitted the down payment of the instant lease contract to Nonparty A, F.D.’s representative director, and himself is the down payment.

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