(영문) 서울중앙지방법원 2017.09.19 2016가단5299418

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.09.19 2016가단5299418

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Attached drawings among the three floors of the real estate listed in the attached list, shall be indicated in (1), (2), (3), (4), and (1);

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list, and a corporation that runs the business of leasing land and its appurtenant facilities.

B. On October 10, 2005, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 40 million, monthly rent of KRW 720,000 (excluding value-added tax), period from October 10, 2005 to October 9, 2006 (hereinafter “instant lease agreement”), and delivered the instant store.

Since then, the instant lease agreement was renewed on a yearly basis, and around January 15, 2016, the Plaintiff and the Defendant concluded a lease agreement for the instant lease agreement with the period from November 1, 2015 to October 31, 2016, the deposit amount of KRW 40 million, and the monthly rent of KRW 1.2 million (excluding value-added tax).

C. Relevant provisions such as rents for the instant lease agreement are as follows.

“A” refers to the Plaintiff and “B”.

Article 10 (Payment of Rent and Expenses in Arrears)

1. The rent and the expenses shall be voluntarily paid by B within the designated date (the fifteenth day of each month);

2. B In accordance with this lease agreement, if the rent, expenses, and other monetary obligations to be paid to A are delinquent, the late payment charge equivalent to 10% of the delinquent amount shall be additionally paid, and if the delinquent amount and arrears are exceeded, the late payment charge equivalent to 24% per annum of the delinquent amount per month shall be additionally paid.

3. Notwithstanding the provisions of paragraph (1), where rent and expenses are in arrears for not less than two months, A may deduct and substitute such amount from the security deposit, and in such cases, B shall appropriate the security deposit in cash within 15 days, and where B does not appropriate such security deposit, A may unilaterally terminate the contract at any time, if necessary;

Article 11 (Return of Deposit)

1. When this contract has been terminated, B shall promptly rent the leased shop A.

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