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(영문) 부산지방법원 2018.01.09 2017가단325980

건물명도(인도)

Text

1. The Defendants shall deliver to the Plaintiff the third floor of 118.57 square meters among the buildings listed in the attached list.

2. The Defendants jointly do so.

Reasons

Basic Facts

The Plaintiff is the owner of the third floor of 118.57 square meters (hereinafter “instant real estate”) among the buildings indicated in the attached list, and the Plaintiff leased the instant real estate to the Defendants. The Defendants are the lessees of the instant real estate.

On February 27, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lessee as D’s representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), with the terms that the instant real estate deposit is KRW 600,000 per month for rent of KRW 600,000, and the lease term is from February 27, 2014 to February 27, 2016.

1. The Plaintiff and the Defendants:

A. Ascertainment that the term of the real estate lease agreement regarding the instant real estate concluded with the Plaintiff under the name of D is from February 27, 2014 to February 27, 2017;

B. It is confirmed that the actual lessee of the above real estate is the Defendants.

2. The Defendants are jointly and severally liable to the Plaintiff.

A. By January 30, 2015, a sum of the rent for the unpaid month from March 2014 to December 2014 with respect to the pertinent real estate shall be paid 2.5 million won (where the Defendants do not pay the said money by the payment date, an amount calculated by adding 20% per annum from the date following the said payment date to the date of full payment).

(b) from January 1, 2015 to 1-a.

Monthly rent of 600,000 won shall be paid for the duration of the lease specified in the paragraph.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

On August 27, 2014, the Plaintiff filed a lawsuit against the Defendants against the Busan District Court 2014da69043, seeking overdue rent and building name of the instant lease agreement. The said case was referred to the conciliation by Busan District Court 2014S21391.

In the above conciliation case, on January 14, 2015, the above court rendered a decision in lieu of conciliation as follows, and the above decision became final and conclusive on February 4, 2015.

in lieu of the above final conciliation.