건물명도 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 5, 2011, the Plaintiff leased the real estate listed in the attached Form to Defendant B as ten years from the opening date of commercial buildings during the lease period, deposit deposit 57,109,000 won, and rent 1,483,000 won per month (excluding value-added tax).
B. The Plaintiff filed with the Seoul Central District Court an application for provisional injunction against the transfer of real estate possession with the Defendant B as the obligor on the right to request the delivery of a building upon termination of the lease contract, and executed the provisional injunction on July 24, 2013.
C. On June 25, 2013, Defendant B set the real estate indicated in attached Form C as KRW 5 million and KRW 600,000 per month and sub-lease to Defendant C.
[Reasons for Recognition] Gap evidence Nos. 1, 2, 15, 16, Eul evidence Nos. 4-1, and the purport of the whole pleadings
2. Defendant D’s assertion that Defendant D’s lawsuit against Defendant D is unlawful, since it is merely an occupation assistant of Defendant C, it is not a party’s standing.
In the performance lawsuit, since the person asserted as the obligor from the plaintiff is qualified as the defendant, this part of the defendant D's assertion is without merit.
3. Judgment on the merits
A. The Plaintiff’s assertion and Defendant B’s rent for real estate indicated in the separate sheet is KRW 741,500 per month from March 201 to February 2012, and KRW 1,483,00 per month from March 2012 to March 1, 2012 (excluding value-added tax).
Defendant B paid only KRW 11,332,00 out of the rent from March 201 to July 2013, and the unpaid rent (including delay damages) as of July 24, 2013 is KRW 32,287,818.
Penalty due to the termination of a contract under the above lease agreement is KRW 11,421,800.
As the Plaintiff did not pay the rent as above, and sub-leaseed the real estate indicated in the attached Form to Defendant C without the Plaintiff’s consent, the Plaintiff notified Defendant B of the termination of the lease agreement upon the execution of the above provisional disposition.
Therefore, the Defendants are against the Plaintiff.