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(영문) 서울중앙지방법원 2017.08.30 2016가합516788

건물명도

Text

1. On the part of the Plaintiff’s limited liability company, No. 1 of the Dorotete No. 1, the following:

A. The defendant Godom Co., Ltd. is annexed to the annexed Form 10.

Reasons

1. Basic facts

A. Plaintiffs are the lessor of the real estate indicated in the [Attachment I] List, a commercial building with the size of 15th and 8th underground floors, located in the 330 new forests, Gwanak-gu, Seoul Special Metropolitan City, and the Plaintiff Han Han Bank (hereinafter “Plaintiff Han Bank”) as of February 21, 2013, and the said building owner who completed the registration of ownership transfer on the instant building on the ground of the trust agreement as of January 2, 2013, as of the date of the Do Minte test (hereinafter “Plaintiff Han Bank”).

B. The first lease contract of this case between Defendant Madok and Defendant Madok Co., Ltd. (hereinafter “Defendant Madok” and “Defendant Madok”).

(2) On December 29, 2010, between the National Bank Co., Ltd., the former owner of the instant building and the National Bank Co., Ltd., the former owner of the instant building, a lease agreement stipulating that the deposit for rent of 2,00,000,000, monthly rent of KRW 383,00,000, is to be leased for part of the instant building as to the first floor, part of the first floor, the second floor, part of the second floor, the third through the fifth floor, and part of the six floors (hereinafter “instant first lease agreement”).

(B) The lower court concluded the instant lease agreement (in addition to the foregoing lease agreement, the lower court decided to use part of the 11th floor of the instant building, part of the 13th floor, and part of the 15th floor of the instant building as the office of the Defendant Seabdo, without rent.

(2) After February 15, 2013, Plaintiff Doglay had purchased the instant building from the National Bank of Korea on February 15, 2013, and Defendant Doglaon drafted a written consent on January 31, 2013 regarding the succession of the lessor’s status under the first lease agreement of Plaintiff Doglay.

3. The relevant parts of the terms of the first lease agreement of this case are as follows.

4.3 If the unpaid rent is up to two months or if the monthly rent is in arrears for a total of three times or more within 12 months, the lessor shall be notified in writing to the lessee and the contract may be terminated immediately;