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(영문) 서울중앙지방법원 2016.05.10 2016가단5016071
건물명도
Text

1. The defendant, among the real estate listed in the attached Form 1, points out of the attached Form 1, indicated in the attached Form 2, 2, 3, and 1.

Reasons

1. In fact, on December 29, 2010, the National Bank Co., Ltd. leased a total of 9,134.61 square meters to the Defendant, among the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) among the real estate listed in the separate sheet No. 1 (hereinafter “instant building”), including the parts of the stores listed in paragraph (1) of the separate sheet No. 1 (hereinafter “instant stores”), including the parts of the first floor, the first floor, the second floor, the third or fifth floor, and the six floors.

In the lease agreement, the lease deposit amount is KRW 2 billion, the rent is KRW 383 million (in addition, value-added tax is increased by 5% a year), the management fee is KRW 56.2 million a month (in addition, KRW 3% a year) and the lease period is 8 years from December 30, 2010 to December 29, 2018.

After that, the Plaintiff decided to succeed to the lessor’s status while purchasing the instant building from the National Bank of Korea, and the Defendant consented to the succession on January 31, 2013.

As of November 30, 2015, as of November 30, 2015, the Defendant delayed rent of approximately seven months, KRW 3.4 billion.

On December 9, 2015, the Plaintiff sent to the Defendant a written notice of the termination of the lease agreement on the ground of the foregoing delinquency in rent, and the written notice reached the Defendant on December 10, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. According to the allegations and the facts alleged above, the Defendant is obligated to deliver the instant store to the Plaintiff who succeeded to the status of the lessor due to the termination of the lease contract, since the instant lease contract was terminated.

The defendant asserts to the effect that the notification of the termination of a lease agreement on the ground that the overdue rent is overdue is illegal to the effect that the termination of the lease agreement is not effective, since the defendant suffered difficulties in operation due to high-value rent and low-sale rent, demanded the plaintiff to reduce the rent and the plaintiff made an oral promise to reduce the rent, and the plaintiff made an oral promise to reduce the rent.

B. A. 3.

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