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(영문) 인천지방법원 2016.06.15 2015가단228187
건물명도
Text

1. The Defendant delivers to the Plaintiff the building indicated in the attached list, and from September 9, 2015, KRW 4,589,565 and its amount.

Reasons

1. Determination as to the cause of claim

A. 1) On April 19, 2013, the Plaintiff is a building indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant on April 19, 2013

B) A deposit of KRW 30,000,000, monthly rent of KRW 1,800,000 from June 14, 2013 to June 13, 2014 (excluding value-added tax), monthly rent of KRW 2,00,000 (excluding value-added tax), monthly rent of KRW 3,50,000 from June 14, 2015 to June 13, 2016 (excluding value-added tax), and monthly rent of KRW 3,50,000 (excluding value-added tax), monthly rent of KRW 3,80,000 from June 14, 2013 to June 13, 2016 to June 18, 2017 (excluding value-added tax), and delayed lease of KRW 3,80,000 (excluding value-added tax),00,0000,000 from June 14, 2016 to April 18, 2017

(2) The Defendant paid 30,000,000 won to the Plaintiff. From June 14, 2013, the Defendant operated a restaurant with the trade name “B” on the instant real estate from June 14, 2013 to the present date. Since deposit of part of the rent was made on March 2014, the Defendant is in arrears with the monthly rent up to the present date.

3. On December 17, 2013, the Plaintiff requested that the Defendant pay unpaid rents by December 31, 2013 by sending a notice of payment of unpaid rents to the Defendant, but the Defendant did not comply therewith. The Plaintiff notified the Defendant on January 17, 2014 that “if the Defendant did not pay the unpaid rents by March 31, 2014, on the ground that the unpaid rents were not paid by March 31, 2014 due to the Defendant’s failure to comply therewith, the instant lease contract was terminated as of March 31, 2014 on the ground that the unpaid rents were not paid by March 31, 2014, and that the leased object was restored to its original state by March 31, 2014.”

4) The monthly rent and the amount of unjust enrichment and late payment charge for the monthly rent up to May 31, 2015, which the Defendant had in arrears with the Plaintiff, are KRW 32,349,765, and the management fee in arrears as of May 13, 2015 is KRW 2,239,800. [each entry in the evidence of subparagraphs A and 5, and the purport of the entire pleadings, based on the recognition, are as follows.

B. According to the above facts of recognition, the instant lease agreement is concluded.

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