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(영문) 서울중앙지방법원 2015.02.16 2014가단77541
건물명도등
Text

1. The Defendants shall deliver to the Plaintiff the third floor of 114.48 square meters among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On June 18, 2009, the Plaintiff entered into a lease agreement with D on the real estate listed in the separate sheet (hereinafter referred to as the “instant building,”) with the third floor of 114.48 square meters and part of 2 stories (hereinafter referred to as the “real estate of this case”) on the deposit for lease KRW 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), management expenses (excluding value-added tax), KRW 260,000, monthly rent and management expenses (excluding value-added tax), the 10th day of each month, the lease period from December 10, 201 to December 9, 201, respectively, with the rate of 18% per annum for delay damages (hereinafter referred to as the “instant agreement”).

B. Around May 13, 2011, D transferred the right to lease the instant real estate to Defendant B, notified the Plaintiff of the transfer of the right to lease, and Defendant B subleaseed the instant real estate to Defendant C, and the Plaintiff implicitly consented to the said sub-lease.

C. After the instant contract was implicitly renewed, the Defendants delayed the payment of the monthly rent from April 2013, and the Plaintiff notified the Defendants that the monthly rent would be terminated without paying the monthly rent in arrears on October 17, 2013. However, the Defendants did not pay the overdue rent.

On October 17, 2013, the Plaintiff notified the Defendants that the instant contract would be terminated unless the Defendants are in arrears. On December 11, 2013, the Plaintiff notified the Defendants of the termination of the instant contract, and thus, notified the Defendants of the expiration of the period.

[Ground of recognition] Facts without dispute, entry of Gap1 to 9 evidence, purport of the whole pleadings

2. The judgment on the cause of the claim [Defendant B: the judgment on the admission of confession (Article 150(3)] is based on the above facts admitted, and the instant contract was terminated on or around December 9, 2013 as the expiration of the period.

Therefore, the Defendants are obligated to deliver the third floor of the instant building 114.48 square meters to the Plaintiff, as requested by the Plaintiff.

3. Determination as to Defendant C’s assertion

A. Defendant C’s assertion is the instant building.

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