(영문) 수원지방법원성남지원 2014.05.30 2013가단38908

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(영문) 수원지방법원성남지원 2014.05.30 2013가단38908

건물인도 등

Text

1. The Defendants points out of the second floor of the building indicated in the separate sheet to the Plaintiff each point of indication 1, 2, 3, 4, 5, 6, and 1 of the separate sheet.

Reasons

1. Basic facts

A. The building indicated in the separate sheet was originally owned by Gaice Estete Ltd. (hereinafter “non-party company”). On December 1, 2010, the non-party company and the Defendant A entered into a lease agreement with each of the items indicated in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1 in the second floor of the building indicated in the separate sheet, and changed the lease deposit amount to KRW 100,000,000, monthly rent of KRW 8,960,40 (excluding value-added tax), and from January 14, 201 to January 13, 201, the lease agreement was concluded with the non-party company and the Defendant Company as to KRW 1,27.52 square meters (including the common area; hereinafter “the instant hospital”). On December 10, 201, the lease deposit was changed to KRW 10,000,000,000).

(hereinafter referred to as the “instant lease agreement”). B.

On September 11, 2012, Defendant A and Defendant B entered into a lease transfer contract with the instant hospital, and the Nonparty Company consented to the said transfer of lease on the same day.

C. On December 27, 2012, Defendant B and Defendant A entered into a sublease agreement with the non-party company to the instant hospital with the consent of the non-party company, and the non-party company and the Defendants agreed on the said sublease agreement as follows.

2. The duty of the lessee and the lessee arising from the sub-lease does not affect the exercise of the right under the pre-lease agreement between the lessor and the lessee. The obligation to pay the rent, management fee, etc. for the whole object of the lease still exists, and all the responsibilities arising from the sub-lease in accordance with the terms of the pre-lease agreement.

On February 4, 2013, the non-party company filed a compromise against the defendant B as Seoul Central District Court 2012J2807, and a compromise was established between the non-party company and the defendant B, and its main text is that.

유사 판례

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