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(영문) 춘천지방법원 2015.09.23 2013가단14241
건물명도,임대료
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant B, (1) 10,000,000, and

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by combining the whole purport of the pleadings in each entry in Gap evidence 1 to 6.

On August 24, 2011, D representing the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the following terms: (a) lease deposit is KRW 20 million; (b) monthly rent is KRW 1.5 million; and (c) lease term is from October 25, 201 to October 24, 2013; and (d) lease is leased to Defendant B (hereinafter “instant lease agreement”).

Article 3 (Change of Use and Sub-lease) A lessee may not change the use or structure of the above real estate, nor sub-lease, transfer the right of lease or offer the security thereof, or use it for any purpose other than the purpose of lease without the consent

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

This contract shall be subject to the Protection of Commercial Building Lease, and the lessee's right to request renewal of the contract shall be five years including the first contract period.

A lessor may sell and purchase this real estate within the term of the contract.

B. The leased object of this case is a restaurant with both the first and second floors on the registration injury, or a retail store in the first floor on April 5, 2007 due to the partial alteration of use on April 5, 2007. The first floor is a restaurant and retail store for the first floor, and the second floor is a restaurant for the second floor.

C. The Plaintiff delivered the leased object of this case to Defendant B, and Defendant B occupied and used the leased object of this case.

Defendant B paid the rent of KRW 1.5 million immediately after the conclusion of the instant lease agreement, KRW 3 million on December 9, 2012, and KRW 1.5 million on March 2013, only KRW 6 million.

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