logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.20 2014가단8466
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

(b) 7,896,510 won;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1, 2, 3, 4, and 9 (including provisional numbers) and the entire purport of the pleadings:

On March 17, 2005, the Plaintiff: (a) leased the building listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant, setting a lease term of one year; (b) renewed the lease each year; (c) concluded a lease renewal agreement by setting the lease term of 6,597,00 won on October 12, 2009; (d) monthly rent of 143,900 won (excluding value-added tax); and (c) the lease term of 13,000 won from March 1, 2009 to March 31, 2010.

(hereinafter referred to as the “instant lease agreement”) B.

In the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may terminate the lease if the Defendant did not pay the rent and the management fee for three months or longer (Article 10(1)4 of the contract), and agreed that the management fee for the instant shopping district shall be borne by the Defendant (Article 1(6) of the contract). In addition, the Plaintiff and the Defendant agreed to add the overdue charge calculated by applying the overdue interest rate for the loan of the National Bank of Korea if the Defendant did not pay the rent and the management fee by the

(Article 1, Section 7). (c)

The defendant has operated the business of repairing, selling, etc. of clothing in the commercial building of this case.

On February 14, 2013, the Plaintiff notified the Plaintiff that the instant commercial building should be handed over in cases where the management fee, which was unpaid from May 2010 to January 2013, 2013, was paid by the Defendant from August 2010, 201 to December 2012, 2012, in full, the rent and management fee that was unpaid until February 20, 2013 and the rental contract was not renewed.

E. Accordingly, the Defendant expressed his intent to continue operating in the instant commercial building. On February 14, 2013, the Plaintiff and the Defendant paid 3/10 of the rent and management fee in arrears until February 28, 2013, and the Defendant paid 3/10 of the rent and management fee in installments every month.

arrow