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(영문) 서울동부지방법원 2017.07.20 2017가합102929

건물명도(인도)

Text

1. The Defendants jointly do so to the Plaintiff

(a) Attached Form 3, among the real estate listed in the attached list 1, shall be indicated as follows;

Reasons

Basic Facts

On March 30, 2012, the Plaintiff entered into a lease agreement with Defendant B on the said real estate (hereinafter “the instant lease agreement”) with the terms of KRW 20 million, monthly rent of KRW 1100,000,000, and the lease period from October 5, 201 to October 4, 2013 (hereinafter “the instant lease agreement”). Defendant B received the said real estate from the Plaintiff in accordance with the said lease agreement, and carried out crowdfunding business from July 21, 201 to Defendant C with the trade name of “E”.

On October 14, 2013, the Plaintiff concluded a two-year extension of the instant lease agreement with Defendant B, and concluded a two-year renewal, and agreed to increase the rent from October 5, 2013 to KRW 1210,00,00. The Defendants entered into a business agreement and changed the trade name into “F” and operated futures brokerage in the instant real estate, etc. upon obtaining a business license as shown in the attached Table 2 (hereinafter “instant cover brokerage”). In operating the instant real estate, etc., the Defendants are using the following: (a) indication of the attached drawings 3 among the instant real estate owned by the Plaintiff: (b) indication of drawings 1, (c), (iv), (v), and (a) the part of “A” connected to each of the instant real estate in sequence, namely, lighting, brick, and interior facilities.

However, as of March 26, 2016, Defendant B delayed the rent of KRW 16,940,000 for the instant real estate as of March 26, 201, and the Plaintiff notified Defendant B that the instant lease contract was terminated on the ground of the delay of rent due to the delivery of the duplicate of the instant complaint.

Management fees in arrears with respect to the instant real estate until January 31, 2017 are KRW 2,517,050 in total (from March 2016 to December 2016).

[Ground of recognition] The lease contract of this case as to the claim against the defendant B was terminated as the lessee's delinquency in rent. Thus, the defendant B, the lessee, is the lessor.