건물명도 및 임대료 청구의 소
The Plaintiff
A. The Defendants deliver the buildings listed in the separate sheet;
B. Defendant B Co., Ltd. is KRW 26,650,000 and KRW 26,650.
Judgment on the claim against Defendant C
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment which considers the confession of the applicable legal provisions (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
2. Determination as to the claim against Defendant B
A. 1) On March 1, 2020, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the following terms: (a) a deposit of KRW 30,000,00; (b) a monthly rent of KRW 3,960,00 (including additional taxes); and (c) from March 1, 2020 to February 28, 2022, the lease agreement was concluded between the Plaintiff and the owner of the building listed in the separate sheet (hereinafter “instant building”); and (d) a lessee may terminate the lease agreement if the lessee delays the lease at least twice or sub-leases the instant real estate without the lessor’s consent (hereinafter “the instant lease agreement”).
2) After concluding the instant lease agreement, the Plaintiff handed over the instant building to Defendant B, but Defendant B did not pay KRW 2,890,000 to the Plaintiff out of the deposit amount stipulated in the instant lease agreement, and did not pay the Plaintiff a monthly rent continuously since March 1, 2020 when the lease began.
3) In addition, around April 1, 2020, Defendant B sub-leased the instant building to Defendant C Co., Ltd. (hereinafter “Defendant C”) without the Plaintiff’s consent.
4) Accordingly, on October 14, 2020, the Plaintiff concluded that the instant lease contract was terminated on the grounds of the foregoing deposit, overdue arrears, and sublease without permission to Defendant B.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
B. According to the above facts finding as to the cause of claim, Defendant B is obligated to pay the Plaintiff the monthly rent of KRW 2,890,000 and KRW 23,760,000 for six months from March 1, 2020 to September 30, 2020 (i.e., KRW 3,960,000 x 6 months) (i.e., KRW 26,650,000) (i., KRW 2,890,000 , KRW 23,760,000).