건물명도 등
1. The Plaintiff:
A. Defendant B is a kind 1 square meters of 229.92 square meters of underground floor and 1 square meters of 206.51 square meters of underground floor among the real estate listed in the attached Table 1 list.
The plaintiff owns the real estate listed in the separate sheet No. 1 (hereinafter referred to as "the building of this case") jointly with the plaintiff's ASEAN.
On June 30, 2013, the Plaintiff leased the instant building to Defendant B with a lease deposit of KRW 50,000,000 and the period from June 30, 2013 to December 31, 2020 (hereinafter “instant lease agreement”).
Specifically, with respect to rent, ① repair period (not later than August 31, 2013) is free of charge; ② from September 1, 2013 to February 28, 2014; ③ from March 1, 2014 to August 31, 2016, the mutual agreement was agreed to mediate the rent of KRW 3,300,000 (including value-added tax, but without charge for September 2013). ③ from March 1, 2014 to August 31, 2016; ④ from September 1, 2016 to September 1, 2016.
Nos. 1 and 5 of A, Defendant B, without the Plaintiff’s consent on October 30, 2013, ordered No. 1-B of the instant building to Defendant C.
The lease deposit amount of KRW 30,00,000, monthly rent of KRW 800,000 (excluding value-added tax), and the period from October 30, 2013 to October 29, 2019 (hereinafter “instant sublease contract”).
On the other hand, on March 28, 2014, the Plaintiff and the Defendants prepared a written statement to the effect that the Plaintiff confirms the instant sub-lease contract for the purpose of solely applying for the registration of Defendant C’s business registration, and stated that “if the instant sub-lease contract is terminated by the Plaintiff and Defendant B, it shall be deemed that the instant sub-lease contract is terminated.”
By January 31, 2015, Defendant B paid only KRW 20,000,00 among the lease deposit to the Plaintiff. Defendant B paid only KRW 3,000,000 out of the rent from October 1, 2013 to January 31, 2015. On February 9, 2015, the Plaintiff sent to Defendant B a postal certificate proving that the instant lease contract is terminated on the grounds that the lease deposit was unpaid and the monthly rent was overdue.
After the notification of termination, Defendant B cannot resume business from the instant building until July 10, 2015 to the Plaintiff on April 28, 2015.