(영문) 수원지방법원안산지원 2016.03.30 2015가단21943

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(영문) 수원지방법원안산지원 2016.03.30 2015가단21943

건물명도등

Text

1. The defendant

A. A. It delivers to the Plaintiff (Appointed Party) and the Appointed C real estate listed in the separate sheet, and B.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointor C (hereinafter “Appointed”) share the real estate indicated in the separate sheet (hereinafter “instant store”) and the pertinent building Nos. 403 and 404 shares in the ratio of 11/14 shares and 3/14 shares.

B. The Plaintiff and the designated parties are above the Defendant on December 6, 201.

The lease of Nos. 403 and 404 (hereinafter “previous lease”), and the Defendant did not pay the rent and management fee of KRW 9,996,00 by January 2014.

C. On January 10, 2014, the Plaintiff and the Appointor agreed that the instant store may be terminated in the event that the Defendant delays the rent on three or more occasions by setting the lease deposit amounting to KRW 25,00,000,000 per month, KRW 2,600,000 per month, and KRW 24 months during the lease period.

(hereinafter “instant lease agreement”). D.

From January 10, 2014 to February 25, 2015 of the instant lease agreement, the rent and management fee of KRW 43,95,000 in total. The Defendant paid only KRW 23,347,00 among them.

E. The Plaintiff and the appointed party notified the Defendant of the termination of the instant lease by serving a duplicate of the instant complaint.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant did not delay the lease contract of this case more than three times, and accordingly, the plaintiff and the designated person terminated the lease contract of this case.

Therefore, the Defendant’s reinstatement follows: ① (i) the Plaintiff and the Selection deliver the instant store to the Plaintiff; (ii) the Plaintiff KRW 24,046,00 (30,604,600 x 11/14) among the rent and management expenses (23,347,00 won - total of KRW 23,347,00) that have not been paid the previous and the instant lease contract; and (iii) the amount of KRW 6,58,00 (30,604,00 x 3/14) and KRW 6,58,00 (30,604,00 x 3/14 x 3/14) to the Plaintiff from February 26, 2015 to the completion date of the delivery of the instant store; and

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