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(영문) 서울남부지방법원 2015.06.19 2015가단14468
점포인도
Text

1. The defendant shall be the plaintiff.

A. Of the 215.91 square meters of the building on the 1st floor in the attached list, each indication of drawings in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On January 6, 2015, the Plaintiff, as the owner of the building indicated in the separate sheet, entered into a lease agreement with the Defendant that connects each point of 1,2,3,4, and 1 of the annexed drawings among the 1st floor of the building in question (hereinafter “instant store”) with the leased deposit of KRW 1,00,000 per month, monthly rent of KRW 1,300,000 per month, monthly management fee of KRW 150,000,000, monthly management fee of KRW 150,000,000 from January 21, 2015 to January 21, 2016, on which the lessor may terminate the contract (hereinafter “instant lease agreement”).

B. The Plaintiff entered into the instant lease agreement and delivered the instant store to the Defendant, but the Defendant was as of February 21, 2015.

3. 21. The monthly rent and management expenses to be paid to the Plaintiff did not be paid to the Plaintiff.

C. A duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement was served on April 6, 2015 to the Defendant.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. According to the above facts, on April 6, 2015, a copy of the instant complaint was delivered to the Defendant on the grounds of the Defendant’s delinquency in rent for at least two months, a lessee, on the ground that the Plaintiff had expressed his/her intent to terminate the instant lease agreement, and the instant lease agreement was lawfully terminated.

Therefore, the defendant should deliver the store of this case to the plaintiff, and the defendant did not pay monthly rent and management expenses at all, so the 1450,000 won per month from January 21, 2015 to the delivery date of the store of this case (i.e., monthly rent of 1.3 million won per month, KRW 150,000 per month, KRW 1.550,000 per month), which is the starting date of the lease of this case, is liable to pay the monthly rent and management expenses,

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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