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(영문) 서울북부지방법원 2016.11.11 2014가단30886
임대료
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 232,864,219 Won and 230,000 among them;

Reasons

1. Facts of recognition;

A. On September 201, the Plaintiff was delegated with the authority regarding the conclusion of the lease agreement and the management of the commercial buildings in each of the eight divided owners, except for the 96 owners of the 8th sectional owners of the 8th sectional owners of the 8th sectional owners of the 8th underground floor (hereinafter “slun Construction”) and the KB Real Estate Trust Co., Ltd. (hereinafter “KB Trust”) around September 201, the Plaintiff was the owner under subparagraph 14, 24, and 63 of the D8 shopping district, a sales facility of the 14th underground floor in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

B. On April 17, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 100 million in terms of the instant commercial building, KRW 12 million in monthly rent (excluding value-added tax, KRW 20% in arrears interest rate per annum), and the lease period of KRW 5 years in terms of the lease period.

On the same day, the Defendant entered into a lease agreement with F and D9 floors, the representative of the D7th sectional owners, on the same conditions as the instant commercial buildings, on the D9th sectional owners.

C. Around that time pursuant to the instant lease agreement, the Defendant: (a) occupied and used the instant commercial building upon delivery; (b) paid the Plaintiff the rent up to November 2013; and (c) did not pay the rent from December 2013.

Accordingly, on April 28, 2014, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease agreement is terminated as of May 14, 2014 on the grounds of the Defendant’s delinquency in payment of monthly rent, etc., and the said content-certified mail was served to the Defendant around that time.

E. On January 1, 2016, the Plaintiff took a break-down measure against the instant commercial building, and the Defendant opened the door of the instant commercial building up to the present day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, 10, 14, Eul evidence Nos. 1, 5, and 8 (including each number), the purport of the whole pleadings

2. On this part of the defense.

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