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(영문) 의정부지방법원 2016.08.11 2015가단13867
건물명도
Text

1. The Plaintiff, among the real estate listed in the attached list

A. Defendant B: (a) 1013,98 square meters on the second floor in operation; (b)

B. Defendant C shall operate.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the separate sheet.

B. On June 30, 2009, the Plaintiff agreed to the Defendant B with the lease deposit amounting to KRW 200,000,000, monthly rent, KRW 2,750,000, and the lease term from June 30, 2009 to June 30, 2014, the Plaintiff leased the entire real estate of KRW 1,000,000 on the 2nd floor in operation (hereinafter “the instant real estate”) among the real estate listed in the separate sheet as indicated in the separate sheet (hereinafter “the instant real estate”) to the end of June 30, 209, and between Defendant B and the lessee, “The lessee may not change the use or structure of the said real estate without the consent of the lessor, not use it for any purpose other than the lease purpose (Article 3).”; and “If the lessee delays the payment of rent more than three times, or violates the provisions of Article 3, the lessor may terminate the instant contract (Article 4).”

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

Defendant B paid to the Plaintiff KRW 2,750,000, respectively, on November 2, 2009; December 2, 2009; and December 31, 2009.

Defendant B, without the Plaintiff’s consent, sub-leaseed part of “A” part on the 2nd floor in operation to Defendant C, 5.58 square meters in the “A” part on the 2nd floor’s attached drawing, part on “C” part on the 2nd floor’s attached drawing to Defendant D, and part on “D” part on the 2nd floor’s attached drawing to Defendant E, and Defendant C, D, and E occupy each sub-lease as above.

E. On April 20, 2015, the Plaintiff expressed to Defendant B his/her intent to terminate the instant lease agreement on the grounds that the instant lease agreement was overdue and sub-leaseed without permission. The duplicate of the instant complaint was served on June 26, 2015 on Defendant B.

[Reasons for Recognition] Defendant B: A without dispute, each entry of Gap evidence 1 through 3, the purport of the whole pleadings, defendant C, D, and E: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination on the cause of the claim

A. According to the above facts of recognition against Defendant B, the instant lease agreement is concluded.

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