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(영문) 서울중앙지방법원 2015.04.03 2014가단101376
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) KRW 114,569,290 and interest rate of KRW 20% per annum from July 27, 2014 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff and the Defendant are part of the first floor (157.14m2) of the Jongno-gu Seoul Metropolitan Government Ground C Building (157.14m2) (hereinafter “first shop”) as indicated below.

(A) Of the first floor of the building listed in the separate sheet owned by the Plaintiff, part (a) of 68.278 square meters in the ship (hereinafter “second shop”) connected with each point of the attached sheet No. 1, 2, 3, 4, 5, 6, 7, and 1 among the 1st floor of the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant store”) is 68.278 square meters in sequence.

2) Each of the lease agreements (hereinafter “instant lease agreement”) provides as follows:

(2) The Plaintiff sent the instant lease contract to the Defendant on December 8, 2011, and delivered the instant store to the Defendant. The instant lease contract was renewed at KRW 3,630,000,00 from January 1, 201 to December 31, 2012, the first store No. 8,000,000, store No. 2000,000, which had no record of January 1, 2012; and KRW 3,630,000, which had no record of January 1, 2012, or December 31, 2012; however, the Defendant was in arrears for more than two months at the instant store, and the Plaintiff sent the content-certified mail to the Defendant on January 8, 2014; and the said content-certified mail reached the Defendant around that time.

3) On February 19, 2014, the Defendant confirmed that the overdue rent and management expenses, etc. up to the time the instant store was KRW 110,089,29,290 and that the said amount was KRW 113,979,290,000, including the rent and management expenses for one month for the second shop, and the amount was paid until March 31, 2014 by using the overdue rent and management expenses, etc. as of March 31, 2014, and prepared a letter of performance (Evidence 4) stating that the instant store will be handed over by March 31, 2014. [Grounds for recognition] The Defendant did not dispute over the fact that there was no dispute, Gap 1 through 4 (including the temporary number, the purport of the entire pleadings).

B. Since the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination, the Defendant is in arrears with respect to the instant store that occurred until April 30, 2014.

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