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(영문) 춘천지방법원원주지원 2016.09.20 2015가단3609

건물인도등

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant B: (a) from July 1, 2015 to January 1, 2015, to the Plaintiff.

Reasons

1. Basic facts

A. On May 14, 2013, the Plaintiff entered into a lease agreement (Evidence A2) with Defendant B as of KRW 30 million, monthly rent, KRW 1,925,000 (the lease agreement includes KRW 1,600,000 per month, but both parties agreed on the oral increase) with respect to the commercial buildings listed in the separate sheet (hereinafter “instant commercial building”) as indicated in the separate sheet (hereinafter “instant commercial building”). The lease agreement was concluded as of June 1, 2015.

The main contents of the above lease agreement are as follows:

Article 3 (Change of Use, Sub-lease, etc.) No lessee may change the use or structure of the above real estate, sub-lease, transfer the right of lease or offer the security, or use it for purposes other than those of lease without the consent

Article 4 (Termination of Contract) If the annual average amount of rent of a lessee falls short of two terms of rent, or if a lessee violates Article 3, the lessor may terminate the contract without delay.

Matters of special agreement

3. Taxes and public charges shall be borne by the lessee from the date of occupancy after the payment of balance is completed; and

4. Monthly rent shall be deposited into the account of N.C. e., deposit account of a lessor E, on the first day of each month, and value added tax shall be set aside in monthly rent.

B. From May 2013, Defendant B operated the frequency of the trade name “F” in the instant commercial building.

Defendant C operated the above frequency as a partnership with Defendant B, and Defendant D served as an employee of the above frequency.

C. On May 20, 2014, Defendant B: (a) the lessor and lessee drafted a lease agreement on the commercial building of this case entered into as Defendant C; and (b) on May 15, 2015, the lessor and lessee drafted a lease agreement on the commercial building of this case entered as Defendant D; and (c) submitted each of the above lease agreements to the tax office, thereby changing the F’s business registration name from Plaintiff to Defendant C and D.

Defendant B, on June 13, 2016, under the name of the Plaintiff, without obtaining the Plaintiff’s consent as the main district court of Chuncheon as 2016 high-level32.

Each lease contract entered in the port.