건물명도
1. The Defendants deliver each real estate listed in the separate sheet to the Plaintiffs.
2. Defendant D, Inc.
1. Determination as to the claim for the delivery of real estate
A. The Plaintiffs asserted that they leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant D Co., Ltd. (hereinafter “Defendant D”) and agreed not to sublease the real estate to a third party without the Plaintiffs’ consent.
Nevertheless, without the consent of the plaintiffs, Defendant D sublet the second floor of the buildings listed in the attached Table No. 2 of the attached Table to Defendant Ecom Association without the consent of the plaintiffs, and the plaintiffs terminated the instant lease contract.
Therefore, Defendant D is obligated to deliver the instant real estate to the Plaintiffs as a result of the termination of the lease agreement, and Defendant E-I, an illegal occupant, also has the duty to deliver the instant real estate to the Plaintiffs.
B. On June 10, 2016, the Plaintiffs leased the instant real estate to Defendant D as the lease term from June 10, 2016 to June 9, 2021, the lease term of KRW 10 million, annual rent of KRW 10 million, annual rent of KRW 10 million (value added tax) (hereinafter “instant lease contract”); Defendant D subleases the two floors of the buildings listed in the attached Table No. 2 to Defendant E branch; Defendant D occupied the instant real estate to Defendant E branch; and Defendant D used it as an office, etc. while occupying the instant real estate until now, there is no dispute between the parties.
According to the statement in Gap evidence No. 1, it is recognized that the plaintiffs and defendant D entered into an agreement that "the lessee may change the purpose or structure of the real estate of this case with the consent of the lessor, not sub-lease, transfer the right of lease or offer the security, and not use it for any purpose other than the purpose of lease" (hereinafter referred to as "agreement prohibiting the lease of this case").
In addition, according to the statement No. 4-3, it is recognized that the plaintiff notified Defendant D of his intention to terminate the instant lease agreement on October 10, 2016 on the ground of the sub-lease without permission by Defendant D by content-certified mail.
The above facts of recognition.