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(영문) 서울중앙지방법원 2015.09.22 2014가단5282560
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

(b) 2,583.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On February 28, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 2,500,000, and from March 1, 2013 to February 28, 2015, respectively.

However, the defendant paid only KRW 17,000,000 among the lease deposit, and the remaining KRW 13,000,000 until the end of August 2013, but did not pay up to now.

B. However, when the Defendant delayed the monthly rent for seven months, the Plaintiff sent to the Defendant a certificate of content to deliver the instant store by September 25, 2014, and the said certificate reached the Defendant on September 16, 2014.

C. However, as the Defendant did not deliver the instant store, the Plaintiff demanded to find the instant store as the instant store on September 25, 2014, and in this process, the Defendant left the instant store.

Accordingly, the Plaintiff newly purchased locks and temporarily set the door of the instant store. D.

Then, around October 6, 2014, the Plaintiff sent to the Defendant a certificate of content stating that “The Defendant would have opened the door of the instant store and inevitably purchased the keys by opening the door of the instant store, and caused the Defendant to set up a door to contact with the Defendant by making a notification by telephone communications, and again, notified the Defendant of the above content in one document.”

E. On October 21, 2014, the Seoul Central District Court 2014Kadan81054 rendered a provisional disposition against the Defendant by filing an application for provisional disposition prohibiting the transfer of real estate possession to the instant store. The Plaintiff executed the provisional disposition order on October 21, 2014.

F. Since September 26, 2014, the Defendant did not run a business at the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and pleadings.

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