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(영문) 대전지방법원 2015.10.28 2015가단13529
임차목적물반환
Text

1. The defendant shall be the plaintiff.

(a) Of the two floors of the real estate listed in the separate sheet, the indication of the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. Facts of recognition;

(a) Text 1-A

On October 31, 2013, the Plaintiff leased the real estate indicated in the port of entry (hereinafter “instant real estate”) entered into a contract with the Defendant to sublease KRW 15 million for the sub-lease deposit, KRW 1980,000 per month for the rent, and the period of sub-lease from November 11, 2013 to November 10, 2015 for the sub-lease (hereinafter “sub-lease contract”), and the Defendant operated the beauty room in the name of the Plaintiff’s business registration from the said real estate.

B. The fees that the Defendant did not pay to the Plaintiff and the management expenses and value-added taxes that the Plaintiff was obligated to pay on behalf of the Plaintiff and the Defendant did not pay on behalf of the Plaintiff are as follows.

Of the rent accrued until September 31, 2015, the amount not paid: 14,340,000 won which was not paid out of the management expenses incurred until August 31, 2015: the amount not paid out of the value-added tax accrued until the quarter of 2015: 2,454,740 won: 21,981,00 won;

C. Management expenses for the portion imposed on the instant real estate in August 2015 are KRW 55,820.

On the other hand, on April 8, 2015, the Plaintiff sent a document verifying the termination of the instant sub-lease contract on the grounds of the Defendant’s delinquency in rent, and the above content-certified mail was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts finding, the instant sub-lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in rent, and it is confirmed that the management expenses of KRW 55,820 on the instant real estate will be imposed on the instant real estate as of August 2015 after September 2015. As such, the Defendant transferred the instant real estate to the Plaintiff, and ② the instant 1-B.

The sum of the rent, management fee, value-added tax, and KRW 21,981,00 incurred as stated in paragraph (1) shall be 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 6, 2015 to the day of full payment, which is the day following the delivery of a copy of the application for modification of the purport and cause of the claim in this case.

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