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(영문) 광주지방법원목포지원 2015.07.16 2015가합408
건물명도
Text

1. The defendant shall be the plaintiff.

(a) among the buildings listed in the separate sheet, delivery of part of retail stores of the second floor above ground 312.20 square meters, and (b).

Reasons

1. Indication of claim;

A. The Plaintiff entered into a contract with the Defendant on the lease of KRW 20,00,00 for lease deposit of KRW 20,760,00 for monthly rent of KRW 1,760,00 (including value-added tax, KRW 10,000 for monthly rent of December of 10, 201, between December 10, 2010 and December 10, 2013, with the agreement on the lease of KRW 1,870,00 for monthly rent of December of 11, 2013 (including value-added tax, and KRW 10,00 for monthly rent of December of 201, 201, and the agreement on the lease of KRW 1,870,00 for December of 11, 2013 to December of 10, 2013 (hereinafter “instant lease agreement”).

B. The Defendant, who received the instant store from the Plaintiff, opened the beauty room business under the trade name of “C”, and filed a business report (hereinafter “instant business report”) with the viewing room and operated the business.

C. The Defendant did not pay to the Plaintiff KRW 9,960,00 in total and KRW 3,560,230 in total and KRW 13,520,023 in total, the monthly rent as of August 11, 2014.

Accordingly, on August 18, 2014, the Plaintiff sent to the Defendant a certificate indicating that the contract is terminated by delay in payment of rent, etc. equivalent to at least five months if the Plaintiff did not pay the above unpaid amount by August 21, 2014. The Defendant received the service at that time, but did not pay the above money, and did not deliver the store of this case.

On February 9, 2015, the Plaintiff received all claims against the Defendant related to the instant store from D, and the Plaintiff and D notified the Defendant of the aforementioned contents at that time.

E. Therefore, the Defendant is obligated to pay KRW 13,520,023 due to the unpaid rent, etc. to the Plaintiff. The Defendant’s declaration of intention to terminate the contract following the Defendant’s delinquency in paying more than three times of rent.

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