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(영문) 인천지방법원 2015.05.14 2014가합59244
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the 15th floors above the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, and 1.

Reasons

1. Indication of claim;

A. On or around December 28, 2012, the Plaintiff is ordered to make an order between the Defendant and the Defendant.

The sub-lease contract (hereinafter referred to as the "sub-lease contract of this case") was concluded to sublease the portion on board as stated in the sub-lease deposit (hereinafter referred to as the "real estate of this case") to the Defendant with the amount of KRW 54,193,00, monthly rent of KRW 5,960,90 (including value-added tax), management expenses monthly management expenses, KRW 3,973,200 (including value-added tax), and the sublease period from December 28, 2012 to July 31, 2014, and the real estate of this case was delivered to the Defendant under the sub-lease contract of this case.

B. The terms and conditions of the instant sub-lease contract and special agreement stipulate the Plaintiff’s termination of the contract and the claim for damages arising therefrom as follows.

1) If the Defendant fails to pay the rent, management fee, etc. for at least two months, the Plaintiff may terminate the sub-lease contract of this case and request the delivery of the real estate of this case (Article 23(1)1)2). If the Defendant fails to deliver the real estate of this case despite the termination or termination of the sub-lease contract of this case, the amount calculated by calculating the monthly amount equivalent to twice the rent and management fee for the period from the termination date of the sub-lease contract to the completion date of delivery or restoration to the original state shall be paid as damages

(Article 24 (5) 3) The Plaintiff provided the instant sub-lease period for three months during the instant sub-lease period. However, if the instant sub-lease contract is terminated even during the Defendant’s circumstances, the rent for the gratuitous sub-lease period shall be deducted from the deposit (Article 9 of the Special Agreement). (4) If the Plaintiff terminates the instant sub-lease contract on the ground that the aforementioned termination is delayed, such as the Defendant’s rent, etc., the Defendant shall compensate the Plaintiff for damages incurred by the Plaintiff, and the Plaintiff and the Defendant shall separately pay the amount agreed separately under the special agreement as a penalty.

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