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(영문) 부산지방법원 동부지원 2017.04.26 2016가단210735
건물명도
Text

1. The Defendant shall pay to the Plaintiff KRW 12,690,000 as well as 15% per annum from January 4, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On January 4, 2016, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 10,000,000, monthly rent of KRW 1,749,00 (including additional tax), and two-year rental agreement with regard to (a) part of the commercial building (hereinafter “instant real estate”) connected in sequence 1,2,3,4,4,5, and 1,28.9 square meters in the attached Form among the buildings listed in the attached Table list among the buildings indicated in the attached Table (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). The instant lease agreement stipulated a special agreement so that the lessor may terminate the contract in the event that the lessee is delinquent for not less than three years.

B. The Defendant received the instant real estate from the Plaintiff and operated restaurant business in the name of “B” at the place, and did not pay the instant real estate from January 2016.

C. The Defendant paid KRW 1,00,000 to the Plaintiff around May 2016, KRW 800,000 on the 17th of the same month, and KRW 3,000,000 on the 18th of the same month.

On the other hand, D, which had operated the instant real estate leased prior to the instant lease agreement, with the trade name “Ccafeteria”, did not pay part of the rent and public charges incurred under the lease agreement to the Plaintiff.

(hereinafter) The lease contract entered into between the Plaintiff and D is deemed to be "the second lease contract of this case"). [Grounds for recognition] without dispute, Gap evidence Nos. 2, 3, 7-1 through 4, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant assumed the obligation to pay the overdue rent under the instant lease agreement. As such, the Defendant is obligated to pay the sum of KRW 9,874,070 in arrears under the said lease agreement. Since the said lease agreement was terminated because it did not pay the rent from January 3, 2016 under the instant lease agreement, the instant real estate was handed over to the Plaintiff. From October 31, 2016 to October 31, 2016, the delivery date of KRW 4,800,000 (=1,000,000 +80,0000 +3.

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