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(영문) 부산지방법원동부지원 2019.12.04 2019가단5712

건물명도(인도)등

Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the real estate listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, 6.

Reasons

1. Facts of recognition;

A. On January 22, 2018, the Plaintiff entered into a lease agreement with Defendant C for the lease deposit amounting to KRW 10,000,000, monthly rent of KRW 1,100,00 (excluding value-added tax, but between May 1, 2018 and May 1, 201), and for the lease agreement between April 1, 2018 and March 31, 2020 (hereinafter “instant lease agreement”) with each of the items in the attached Form Nos. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Table, which is owned by the Plaintiff, and deliver the instant store to the Defendant C around that time.

B. After obtaining the Plaintiff’s consent, Defendant C concluded a sublease contract to sublease the instant store free of charge to Defendant D, a wife during the instant lease contract period.

C. Defendant D is operating a restaurant with the trade name “E” in the instant store until now.

The Defendants did not fully pay to the Plaintiff the rent of KRW 500,00,000, which is a part of the rent, on December 1, 2018.

E. On June 13, 2019, the Plaintiff filed the instant lawsuit against the Defendants, and expressed his/her intent to terminate the instant lease agreement on the grounds of not less than three years of delay in rent. On July 8, 2019, the duplicate of the instant complaint stating the said declaration of termination reached the Defendant C on July 8, 2019.

F. During the instant lawsuit pending, the Plaintiff was fully paid the overdue charge from the Defendants to June 30, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement between the Plaintiff and the Defendant C was lawfully terminated on July 8, 2019 by the Plaintiff’s declaration of termination due to not less than three years of delay in rent.

In addition, Defendant D's exclusive right to lease that is established based on Defendant C's right to lease also has been established.