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(영문) 창원지방법원 진주지원 2018.01.24 2017가단2379

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) pay 35,88,925 Won;

2...

Reasons

1. Under the underlying facts, the facts can be acknowledged in full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 4.

On November 10, 2011, the Plaintiff entered into a lease agreement with Nonparty C on a deposit for lease deposit of KRW 35 million, monthly rent of KRW 10,000,000,000,000 from November 10, 201, with the lease term of KRW 36 months from November 10, 201, and operated a house-based business from the lease object of this case.

B. On January 11, 2016, the Plaintiff entered into a sub-lease contract with the Defendant, instead of a sub-lease deposit, that provides that the subject matter of the instant lease shall be KRW 350,000,000 per month as interest payment, KRW 190,000 per month as a pre-lease, and the sub-lease period from January 11, 2016 to January 11, 2018, and Article 5 that “if the monthly rent is not paid twice by the monthly rent, this contract shall be terminated” (the Defendant paid 19,00,000 won to the Plaintiff as the premium for the Plaintiff’s head office) and as a special contract terms and conditions, “the approval shall be made on the 10th day of each month, such as monthly rent, electricity fee, management fee, and purification

(b) The settlement of the alcoholic beverage value shall be approved whenever it is inserted;

b. It shall be approved on the 10th day of each month, such as taxes, security deposit interest, water purifiers rental fees, KT use, card machinery usage fees, gas costs, and fire insurance (50% burden).

C. The Defendant delayed the monthly rent as stipulated in the said sub-lease agreement at least twice until the instant lawsuit was filed, and the Plaintiff received the instant complaint that contains an expression of intent to terminate the said sub-lease agreement on the grounds of such delay.

2. Determination as to the cause of claim

A. According to the above facts of recognition, the above sub-lease contract is terminated due to the termination of the plaintiff, and the defendant must deliver the leased object to the plaintiff.

B. On the other hand, there is no dispute between the parties, or comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 6 through 18 (including the case of serial number), the above sub-lease contract and its special terms as indicated below.