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(영문) 광주지방법원 2019.03.08 2018가단17995

건물인도 등

Text

1. For the Plaintiff Company:

A. Defendant B Co., Ltd. shall indicate the annexed Form 1 of the real estate listed in the annexed List 1, 2.

Reasons

1. Basic facts

A. On December 1, 2016, the Plaintiff: (a) demanded Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”) to use part of the real estate listed in the separate sheet (hereinafter “instant real estate”) within the scope of Defendant B’s business for a period from December 1, 2016 to November 30, 2017; and (b) drafted a lease agreement to receive rent of KRW 2,00,000 without a deposit; and (c) Defendant C Co., Ltd. (hereinafter “Defendant C”) to use part of the instant real estate for a period from December 1, 2016 to November 30, 2017; and (d) obtained a lease agreement to use a rent of KRW 4,00,000 without a deposit.

(hereinafter “each of the instant lease agreements”). (b)

In each of the instant lease agreements entered into between the Plaintiff and the Defendants, the Plaintiff may terminate each of the instant lease agreements if the Defendants did not pay monthly rent for at least two months. The Defendants did not pay monthly rent to the Plaintiff after January 1, 2017. The Plaintiff expressed his/her intent to terminate the lease agreement upon delivery of the duplicate of the instant written complaint.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was terminated on the grounds that the Defendants did not pay rent, and the Defendants are obligated to deliver each possession of the instant real estate to the Plaintiff.

As to this, the Defendants owned the instant real estate under the original rehabilitation procedure, and Defendant C transferred the ownership of the instant real estate in the Plaintiff’s name in a way to obtain a loan under the Plaintiff’s name and repay rehabilitation claims in order to terminate the rehabilitation procedure early, and entered into each of the instant lease agreements formally. Upon the completion of the rehabilitation procedure, the instant lease agreement is concluded.