beta
(영문) 서울동부지방법원 2016.08.19 2014가합109509

건물명도

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (1) The waiting rooms of the 5 subway lines C with the 1st underground floor in Yangcheon-gu Seoul.

Reasons

The judgment on the cause of the Plaintiff’s claim was previously concluded a lease agreement again with the Defendant, setting the lease agreement as five years from February 14, 2009 to February 13, 2014, with respect to the aggregate of 1,994.85 square meters of the stores located in the 5 subway lines C, 5 subway lines, 1,71,349,946 square meters (hereinafter “the instant large-scale room”), which were located in the large-scale room, 2,598.09 square meters (hereinafter “the instant large-scale room”) managed by the Plaintiff to the Defendant A, on or around September 14, 2009.

On March 31, 2010, the Plaintiff was between Defendant A and the leased object No. 1-A.

(1) A total of the stores indicated in paragraph (1) added 44.86m2 to the 2,039.71m2 (attached Form 1,684.11m2 to the 2004m35.60m2 to the 355m2 in the 2004m2; hereinafter “instant underground shop”). Unless any special reference is made, the lease deposit was modified to the following terms: (a) KRW 290,737,782 (hereinafter “lease deposit”); and (b) KRW 1,938,251,82 (from April 1, 2010 to KRW 32,951,311).

(2) Article 20(2) of the instant lease agreement provides that “If the lessee does not deliver the leased object after the termination of the contract period, the lessee shall be liable for the damages of the amount equivalent to 10% of the monthly rent per day (hereinafter “predetermineded amount of damage compensation”). The Defendants indicated in the Sub-lessee’s list (hereinafter “Defendant Sub-lessee”) (hereinafter “Defendant”) transferred from Defendant A each of the relevant stores indicated in the column for “sub-lease subject matter” in the sub-lessee’s list among the instant underground shopping districts, each of the instant stores listed in the sub-lessee’s list (hereinafter “each of the relevant stores”). On April 8, 2014, the Plaintiff terminated the instant lease agreement as of February 13, 2014, and thus May 6, 2014.