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(영문) 서울남부지방법원 2020.09.11 2020가단219311

건물인도

Text

1. Defendant A Co., Ltd. points out each of the items indicated in the separate sheet No. 1,2,3,4,1 among the buildings listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 2015, the Plaintiff and the Party Party A (hereinafter “Defendant Company”) concluded a lease agreement between the Plaintiff and the Party Party A (hereinafter referred to as “Defendant Company”) by setting the rent of KRW 8,564,00 for the buildings indicated in the separate sheet (hereinafter referred to as “the leased object of this case”) and the lease period from January 1, 2015 to December 31, 2015.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

B. The instant lease agreement was renewed several times, and the rent in 2018 is KRW 9,049,460.

C. The Defendant Company did not pay rent after January 1, 2018.

The Plaintiff notified the Defendant Company of the demand for the payment of rent, etc. on November 1, 2018 and March 12, 2019, and as of August 13, 2019.

9.6. On January 1, 2019, notification was given to the effect that the lease contract was terminated (abrupted) on the ground of nonperformance.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, 8-No. 11 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The instant lease contract was terminated on January 1, 2019, since the Plaintiff’s summary of the cause of the claim and the Defendant Company did not conclude the renewed contract in 2019.

Defendant Company is obligated to pay rent in 2018 and the late payment charge therefor, and without permission after January 1, 2019, and deliver the object of the lease in this case.

Defendant B, the representative director of the Defendant Company, together with the Defendant Company, occupies the leased object of this case.

Defendant C, as an internal director of the Defendant Company, separately registered its business and thereafter occupies the leased object of this case with the Defendant Company and B.

B. The summary of the defendant C's defense is that the defendant C entered into a lease agreement between the defendant C and the defendant C, and it does not occupy the object of the lease of this case.

3. Determination

A. The above-mentioned part of the claim against the defendant company is recognized.