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(영문) 서울중앙지방법원 2020.01.17 2017가단84939
건물명도 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,454,220 to the Defendant (Counterclaim Plaintiff) and its related amount from March 29, 2018 to January 17, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 4, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 15,000,000,000 for the real estate located on the fourth floor of Dongjak-gu Seoul Metropolitan Government C apartment shop (hereinafter “instant commercial building”) and the lease agreement between April 4, 2016 and April 3, 2018 (hereinafter “instant lease agreement”). The Defendant paid KRW 15,000,000 for the lease deposit and used the instant real estate as cosmetic as a cosmetic, along with another store (D subparagraph) on the same floor of the instant commercial building (hereinafter “instant real estate”).

B. The main contents of the instant lease agreement are as follows.

Where a lease contract is terminated, the lessee shall restore the real estate of this case to its original state and return it to the lessor.

(C) If the lessee of Article 6 fails to pay monthly rent more than twice, the lessor may terminate the lease contract.

Matters of special agreement

1. There is no defect in the register, the current facilities shall be verified, and theft and fire shall be the lessee's responsibility;

3. Additional taxes, public charges, and management expenses shall be borne by the lessee, and the lessee shall remove the current facilities and bear the expenses for restoration to their original state;

4.Each expropriation shall be made in respect of the safety problem and reconstruction of a building, in other words, at the request of an evacuation order.

C. The Defendant paid the Plaintiff the monthly rent of KRW 935,00 by December 5, 2016, but did not pay the monthly rent of KRW 935,00 for the following three months. Around April 6, 2017, the Defendant paid KRW 935,000 for the monthly rent again.

On September 5, 2017, the Plaintiff notified the Defendant of the termination of the lease agreement by content-certified mail, stating that “The annual rent as of September 4, 2017 reaches eight months and the annual rent as of September 4, 2017. The lessee pays the rent by September 19, 2017, and the lessee pays the instant real estate as of September 19, 2017, and the said notification on the following day.”

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