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(영문) 인천지방법원 2018.01.12 2016가단220692

건물명도

Text

1. The Plaintiff:

A. The Defendant Co., Ltd. shall deliver the real estate indicated in the separate sheet No. 2, and on May 2017.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 51 (including the branch numbers if there are serial numbers):

On January 2, 2013, the Plaintiff, as the owner of each real estate listed in the separate sheet, entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 100 million as the monthly rent of KRW 100 million (hereinafter “instant lease agreement”). The instant lease agreement terminated on May 16, 2015 as the expiration of the lease term.

(Disputes between the Plaintiff and Defendant B on the expiration of the above lease term were settled by Supreme Court Decision 2017Da9657 Decided December 5, 2017).

After concluding the instant lease contract with the Plaintiff, Defendant B entered into a sub-lease contract with Defendant C regarding the real estate listed in the separate sheet No. 2, as to the real estate listed in the separate sheet No. 3, as to the real estate listed in the separate sheet No. 3, between Defendant D and Defendant E, as to the real estate listed in the separate sheet No. 8, between Defendant E and Defendant Sorato Co., Ltd., on the real estate listed in the separate sheet No. 9, between Defendant Sorato Co., Ltd., and Defendant F.

As above, after concluding a sub-lease contract with Defendant B, the remaining Defendants possess each of the following real estate, and Defendant B directly occupies each of the real estate listed in the separate sheet Nos. 1, 5, and 67.

C. Upon the termination of the instant lease agreement, Defendant B’s refund from the Plaintiff was extinguished on May 5, 2017 due to the foregoing Defendant’s delinquency in rent, etc.

At the time of May 6, 2017 and thereafter, the monthly rent of the real estate listed in the separate sheet shall be ratified as follows:

Real estate 631,00 won, real estate 338,000 won in attached Form 2, real estate 1,05,000 won in attached Form 3, and real estate 1,05,00 won in attached Form 3.