건물명도
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs are co-owners of the five-story above ground-based buildings located in Gangnam-gu Seoul Metropolitan Government E.
On January 21, 2014, the Plaintiffs concluded a lease agreement between the Defendant Company and the term of February 22, 2016 (hereinafter “instant lease agreement”) setting forth a deposit of KRW 60,00,000, monthly rent of KRW 4,545,450 (including additional tax and management expenses), and the lease agreement between February 23, 2014 and February 22, 2016 (hereinafter “instant lease agreement”).
On February 14, 2014, the Defendant Company entered into a sublease contract (hereinafter “instant sublease contract”) between Defendant D with a deposit of 66 square meters, which is part of the instant leased object, for a fixed period of 20 million won and 12 months from February 20, 2014, and the Plaintiffs agreed to the instant sublease contract.
Reconciliation Clause
1. On February 22, 2016, the expiration date of the instant lease agreement, Defendant Company received the remainder of the lease deposit from the Plaintiffs, and simultaneously delivers the leased object of this case by restoring it to its original state.
2. The Defendant Company shall pay the Plaintiffs monthly rent 4,545,450 (including additional tax and management expenses) in advance on the 23th day of each month, and if the monthly rent is not paid for more than 2 minutes, the Defendant Company shall lose the benefit under paragraph (1) and immediately deliver the leased object of this case to the Plaintiffs.
On February 21, 2014, the Plaintiffs filed a complaint against the Defendant Company (Seoul Eastern District Court No. 2014Da1477, etc.). On July 24, 2014, a settlement (Evidence A No. 5; hereinafter “the settlement in this case”) including the following provisions was concluded on the date of settlement:
On December 28, 2015, the agent of the Defendant Company sent to the Plaintiff a certificate of content requiring the renewal of the instant lease agreement pursuant to Article 10(1) of the Commercial Building Lease Protection Act. The Plaintiff received the said certificate around that time.
(hereinafter “instant renewal request”). The Plaintiffs’ agent on January 19, 2016.