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(영문) 서울중앙지방법원 2015.04.10 2015가합508926
건물명도
Text

1. The defendant shall deliver buildings listed in the separate sheet to the plaintiffs.

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

3...

Reasons

Description of Claim

On October 18, 2010, the Micker Co., Ltd. (hereinafter “Picker”) entered into a lease agreement with the Plaintiffs with respect to the buildings listed in the separate sheet (hereinafter “instant building”) from October 18, 2010 to October 17, 2015, with the lease deposit amount of KRW 300 million, and thereafter, the above building operated the restaurant in the name of the Sikkkk kiki.

The Defendant, on June 30, 2014, decided to comprehensively acquire the business sector of the Sokman kia from the posters. On the same day, the Plaintiff demanded the Plaintiff to change the lessee of the said lease and terminated the said lease agreement with the posters. From July 1, 2014 to October 17, 2015, the term of lease was from July 1, 2014 to October 17, 2015, the lease deposit was KRW 300 million, the rent was KRW 15.9 million each month from July 1, 2014 to October 17, 2014, and the lease agreement was concluded between the Defendant and the instant building as a separate value-added tax (value-added tax).

The defendant continues to run the restaurant business in the building of this case without paying rent, management fee, etc. from September 2014.

Since the fact that the duplicate of the complaint of this case containing the plaintiffs' intention of termination on February 26, 2015, based on the defendant's two or more years of delay, etc., reaches the defendant on February 26, 2015, the lease contract of this case was lawfully terminated.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs.

Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without a presentation of a written reply)

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