건물명도
1. The Defendants indicated in the attached Form No. 1,345.8 square meters in Seoul Jung-gu, Seoul, with the Plaintiff as follows: (1), (2), (3), (4), (5), (6), and (1).
1. Basic facts
A. On April 25, 2011, the Plaintiff, as the owner of the building (hereinafter “instant building”) located in Jung-gu Seoul, Jung-gu, Seoul and its ground area (hereinafter “instant building”), agreed to prohibit the transfer and sub-lease of the instant building to Defendant B by setting the lease deposit of KRW 100 million, monthly rent of KRW 9 million, and the lease term from April 201 to January 31, 2015. In this case, the Plaintiff agreed to prohibit the transfer of the right to the instant building as follows.
Article 7 (Prohibition of Transfer, Sub-lease, etc. of Rights) ① “B” shall not sublease all or part of the leased property.
(2) No “B” may allow a third party to jointly use any third party other than “B” without the written consent of “B”.
3. In the case of the preceding paragraph, A shall not be held liable to B and third parties and may terminate this Agreement immediately without the prior notice period.
B. On January 28, 2015, the Plaintiff and Defendant B renewed the lease agreement with the content that the lease deposit is KRW 110 million, monthly rent of KRW 13 million, and the lease term is from February 1, 2015 to January 28, 2018.
(hereinafter referred to as “instant lease agreement”). C.
Defendant B, without the Plaintiff’s consent, lent the instant building to Defendant C on May 30, 201, by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 39 million, and the lease term from July 16, 201 to December 31, 2015. Defendant C operates the cosmetics sales store of “F” in the instant building.
On December 28, 2015, the Plaintiff sent to Defendant B a written notification that the instant lease agreement was terminated by content-certified mail, as the said Defendant violated Article 7(1) through (2) of the instant lease agreement, and accordingly, the Plaintiff sent it to the said Defendant on December 29, 2012.
[Reasons for Recognition: Facts without dispute, Gap's statements in Gap's 1 through 7 and 19 (including each number in the case of provisional number), the whole purport of pleadings].