Chang Ryel Kim filed the complaint through his counsel Stephen J. Nutting against Kim Ok Seon and Kim Kyung Yeon, both sub-lessees under the Holdover Tenancy Act.
The plaintiff is asking the court to terminate the lease entered into between the plaintiff and the defendants, and to declare the defendants in material breach of their lease agreement.
The plaintiff also wants the court to issue an order under the summary possession proceeding of a Holdover Tenancy Act to return to him the possession of the premises.
Further, the plaintiff is asking the court to award him all attorney’s fees and costs incurred in prosecuting this case, for the forfeiture of the deposit of the defendants and for liquidated damages, and other relief the court deems appropriate.
Documents showed that on May 24, 2007, the plaintiff entered into an agreement to sublease and sell the 7/8 Restaurant and its equipment located in Gualo Rai.
The agreement stated that the defendants would assume the lease and purchase the equipment of the business with a down payment of $20,000 which was paid at the time of the agreement.
The agreement also provided that the defendants would make a final payment of $10,000 three months after the execution of the agreement, or before Aug. 24, 2007.
The agreement stated that if the defendants failed to make the payment as required, the plaintiff could retake possession of the premises and keep the initial payment as damages for breach.
The plaintiff said that despite repeated demands, the defendants refused and continued to refuse to make payment as due under the agreement.
The plaintiff is filing five causes of action against the defendants — for breach of contract, violation of the Holdover Tenancy Act, eviction, for forfeiture of deposit to plaintiff, and for attorney’s fees and costs.
