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(영문) 수원지방법원 2021.01.14 2020가단518348
건물인도
Text

The Defendants jointly do so to the Plaintiff:

(a) deliver each real estate listed in the separate sheet;

B. 1,256,532 Won and April 2020

Reasons

1. Facts of recognition;

A. On November 29, 2018, D Co., Ltd. leased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from E, an incorporated foundation, the owner of which, on November 29, 2018, leased each of the instant real estate to the Defendants, D Co., Ltd. entered into a sub-lease contract (hereinafter “sub-lease contract of this case”). D Co., Ltd. entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) that sub-leases each of the instant real estate to the Defendants by determining the period from December 1, 2018 to November 30, 2020.

B. Under the loan contract prior to the instant case, the Defendants paid KRW 30,000,000 to D for the sublease deposit, and operated a restaurant in the name of “F” on each real estate of this case after receiving the real estate of this case from D.

(c)

On October 23, 2019, the Plaintiff purchased each of the instant real estate from the Incorporated Foundation E and acquired its ownership on October 23, 2019, and entered into an agreement with D and D on October 2019 to the effect that “A lease contract is terminated between the Plaintiff and D concerning each of the instant real estate, and the Plaintiff succeeds to the status of sub-lease of the instant sub-lease contract, and thus a lease contract with the same content as the instant sub-lease contract is established between the Plaintiff and the Defendants.” Accordingly, this agreement was concluded between the Plaintiff and the Defendants, which is identical to the instant sub-lease contract in which the Plaintiff and the Defendants are the lessor and the Defendant to hear the Plaintiff (hereinafter “the instant lease contract”).

(d)

Therefore, the Defendants did not pay the monthly rent from November 2019 to January 2020. Accordingly, on February 14, 2020, the Plaintiff included an expression of intent to terminate the instant lease agreement on the ground that the Defendants were not obligated to pay for three months (hereinafter “instant termination declaration”).

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