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(영문) 서울동부지방법원 2019.06.21 2019가합100712

건물명도(인도)

Text

1. Defendant B Co., Ltd.:

(a) [Attachment 1] Indication 1, 2, and 2 of the land listed in the real estate list (attached Form 2).

Reasons

1. Determination as to the claim against Defendant B

(a) The indication of the claim (attached Form 4) and the description of each changed cause of claim as to the above defendant;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant C

A. Basic facts 1) The Plaintiff is the owner of the land listed in the real estate list (attached Form 1) (hereinafter “instant land”) and the building listed in the real estate list (attached Form 3) (hereinafter “instant building”). 2) on September 1, 2016, the Plaintiff leased the instant building to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for a fixed period of KRW 500 million (50 million until March 31, 2017), KRW 52 million (in addition to value-added tax, payment on the last day of each month), and KRW 50 million (payment on the last day of each month) after the second year (from April 1, 2017 to March 31, 2021).

(hereinafter “instant lease agreement”). On November 7, 2016, with respect to the said lease agreement between the Plaintiff and the Defendant, a complaining telephone (Seoul Central District Court 2016No. 1303) was established, which includes the following:

2. The Defendant Company shall pay to the Plaintiff monthly rent and management expenses from April 1, 2016 to March 31, 2021, and shall pay to the Plaintiff 6% overdue interest per annum on monthly rent and management expenses in the event that payments for monthly rent and management expenses are overdue.

(Provided, however, the defendant company shall pay monthly rent and management expenses for the remaining days of less than one month to the applicant on a daily basis). 3. Where the defendant company falls under any of the following subparagraphs with respect to the building of this case, the plaintiff shall terminate the lease contract without the peremptory notice and order immediately.

3) The Plaintiff did not pay the monthly rent as stated in paragraph (2) for more than 3 months, and the Plaintiff did not pay the rent for more than 3 months, and the Plaintiff did not pay the rent for more than 3 years, following the settlement protocol prior to the filing of the suit under Paragraph (2) of the same Article.