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(영문) 서울남부지방법원 2018.04.27 2017가합112226

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Basic Facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. On April 15, 2015, the Plaintiff leased the instant building with the lease deposit of KRW 300,000,000, monthly rent of KRW 17,500,000 (value-added tax separate) and the lease term of May 1, 2015 to the Fame Spets Co., Ltd. (hereinafter referred to as “Samepets”).

(hereinafter “instant lease agreement”). C.

Article 6(1) of the instant lease agreement provides that “The lessee may not offer, transfer, or sublease the rights or obligations under this contract to a third party without the lessor’s prior written consent.” Article 9 provides that “The lessee may terminate this contract if the lessee violates or fails to fulfill the obligations under this contract.”

On April 15, 2015, the Plaintiff handed over the instant building to the Fungspets, and the Fungsspets delivered the instant building to the Defendant without the Plaintiff’s consent around October 2016, and the Defendant operated business in the instant building.

E. The Plaintiff revoked the instant lease contract and filed the instant lawsuit against the reputations and the Defendant, etc. by serving a duplicate of the instant complaint on the grounds that the reputations, etc. subleted the instant building without permission and delayed payment for at least 16 months after July 2016.

On April 6, 2018, in the instant lawsuit between the Plaintiff and the Defendant, voluntary mediation was established between the Defendants, other than the Plaintiff and the Defendant, and the reputationpets decided to immediately deliver the instant building to the Plaintiff for the purpose of recognizing the Plaintiff’s claim.

F. Meanwhile, the Plaintiff filed an application against the Defendant for a provisional injunction against the possession of real estate by Seoul Southern District Court 2017Kahap20420, and received the said court’s ruling of acceptance on November 13, 2017.

It does not specify the number of evidence Nos. 1 and 2-3, 3, 4, and 7.