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(영문) 서울중앙지방법원 2018.07.25 2017가단5094214
건물인도 등
Text

1. The defendant

(a) deliver a retail store of 168.16 square meters in the real estate listed in the separate sheet;

(b) 54.

Reasons

1. Facts of recognition;

A. The Defendant leased from C the retail store of KRW 168.16 square meters (hereinafter “instant store”) among the underground floors of the real estate listed in the attached list (hereinafter “the instant building”) in the attached list to KRW 40,000,000, and operated the main points at the instant store.

B. On May 3, 2016, the Plaintiff purchased the instant building and completed the registration of ownership transfer on June 1, 2016. On October 21, 2016, the Plaintiff concluded a lease agreement with the Defendant to lease the instant store by setting the deposit amount of KRW 40,000,000, monthly rent of KRW 5,000, monthly management fee of KRW 500,000, monthly management fee of KRW 500,000, monthly management fee of KRW 500,000, general restaurant purpose, general restaurant period from October 22, 2016 to October 21, 2017 (hereinafter “instant lease agreement”). The Plaintiff agreed to succeed to the existing deposit money.

C. From June 18, 2016, the Defendant did not run the business on the ground of the water leakage generated at the instant store.

After the conclusion of the instant lease agreement, the Defendant paid only KRW 5,809,581 on December 16, 2016 and KRW 6,000,00 on December 30 of the same month.

Accordingly, on March 6, 2017, the Plaintiff sent to the Defendant a written notice stating that “the instant lease contract shall be terminated on the grounds of delinquency in rent at least three occasions” was sent by content-certified mail, and the said written notice is the same month.

7. The defendant was served.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 2 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for extradition and overdue rent

A. According to the facts of the judgment on the grounds of the claim, the instant lease agreement was lawfully terminated on March 7, 2017.

Therefore, the Defendant shall deliver the instant store to the Plaintiff, barring special circumstances, and KRW 15,213,752 in total of the unpaid rent and management expenses [= KRW 27,023,33 in total of the rent and management expenses from October 22, 2016 to March 7, 2017 [= KRW 6,050,000 = KRW 5,50,000 management expenses for rent = KRW 550,000, respectively.

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