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(영문) 서울동부지방법원 2019.10.24 2019가단1870
건물명도(인도)
Text

1. Defendant B: The Plaintiff

A. Of the six floors of the building listed in the attached list, the current status of the building shall also be indicated 1, 2, 3, 4, 5, 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of (a) part of 184.73 square meters in the ship (hereinafter “instant store”) connected each point of the attached Table 1, 2, 3, 4, 5, and 1 among the six floors of the building indicated in the attached list among the six floors of the building, and the Defendant B is a person who leased the instant store from the Plaintiff and operated and occupied the restaurant.

B. On September 5, 2018, the Plaintiff entered into a lease agreement with Defendant B to lease the instant store with a lease deposit of KRW 10,000,000, monthly rent of KRW 3,000,000 (including additional taxes and management expenses), and public charges with a lease term separately, from October 1, 2018 to September 30, 2019 (hereinafter “instant lease agreement”). The Plaintiff agreed to allow the lessor to terminate the lease when the lessee delays the payment of the rent to reach the amount of rent for the three-year period of lease.

(Article 7 of the Real Estate Lease Contract). Defendant C affixed his seal on the instant lease contract as his agent.

C. Defendant B paid KRW 10,000,000 to the Plaintiff (the Plaintiff’s deposit account was deposited in Defendant C’s name) and began to occupy and use the instant store from October 1, 2018, and installed signboards and promotional materials on the outer wall of the building.

From November 30, 2018, Defendant B began to delay the payment of KRW 3,00,000 per month of rent and public charges. The unpaid rent and public charges as of August 31, 2019 are KRW 34,112,850 in total.

On January 2, 2019, the Plaintiff sent to Defendant B a content-certified mail that contains the content that the lease contract will be terminated on the grounds that the monthly rent is unpaid, etc., and served to Defendant B around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s claim against Defendant B, the instant lease agreement was lawfully terminated on or around January 2, 2019 on the ground of Defendant B’s default of obligation, such as the rent delay, etc., which is the object of the lease.

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