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(영문) 대구지방법원 2015.05.15 2014가단11120
건물명도 등
Text

1. The Defendant shall pay KRW 12.4 million to the Plaintiff, deliver the building indicated in the attached list to the Plaintiff, as from June 30, 2014.

Reasons

1. Basic facts

A. On March 19, 2010, the Plaintiff paid KRW 201,00,000 to the Defendant (hereinafter “instant store”) from April 20, 2010 to April 19, 2014, and KRW 50,000,000 (the contract amount shall be KRW 1,000,000 on the date of the contract, KRW 5,000,000 on the following day, and KRW 20,000,000 from the contract amount shall be paid on April 20, 2010; KRW 20,000,000 from the deposit shall be paid on April 20, 201; KRW 2,50,000 (the end of each month as the end of each month, the lessee shall be paid separately after the expiration of the value-added tax lease period); the lessee shall arbitrarily recover the lease space from the lease area to its original state at the time of delay.

(hereinafter “instant lease agreement”). On March 20, 2010, the following day of the contract, the Defendant transferred the account transfer to the Plaintiff KRW 5 million out of the down payment.

B. On August 5, 2011, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff would not pay KRW 20 million out of the security deposit, and would select and pay either KRW 20 million out of the monthly payment.”

On January 10, 2014, the Plaintiff sent each of the following certificates to the Defendant: “Around April 19, 2014, the Plaintiff sent to the Defendant: (a) proof of the purport that “The rent and management fee are unpaid for a long time; (b) payment of the rent and management fee; and (c) payment of the rent and management fee until the termination of the lease on April 19, 2014.”

C. After that, the Plaintiff posted a banner to lease the first floor and the second floor on the outer wall of the instant store. On March 29, 2014, between D and D, the term of lease on the instant store from April 21, 2014 to April 20, 2016, the deposit amount of KRW 50 million (the down payment of KRW 30 million per contract date, the remainder of KRW 20 million on April 23, 2014, and the lessor or lessee, respectively), the rent of KRW 3 million per month.

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