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Reasons
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(영문) 대전지방법원천안지원 2016.06.23 2015가단109740
건물명도 등
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1. The Defendants are the first floor of 305.50 square meters, the second floor of 305.50 square meters, the third floor of 238 square meters, and the five floors among the real estate listed in the attached list.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) is the owner of the real estate indicated in the separate sheet (hereinafter “instant building”).

B. On March 25, 2015, the Deceased entered into a lease agreement with Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and ① on March 25, 2015, with respect to the general restaurant of 305.50 square meters, 305.50 square meters, 30 square meters, 50,000 won for lease deposit for 50,000 square meters for 238 square meters for 3rd floors, 3,500,000 won for 3rd floors, 2,000,000 won for 3rd floors, from March 25, 2015 to March 25, 2017, and the lease agreement for 3rd floors from March 27, 2015 to “the lease agreement for 126 square meters for 5th floor from March 27, 2015,” and the lease agreement for 3rd floor from March 25, 2015 to 205.

In the instant lease agreement, if a lessee subleases the leased object of this case without the lessor’s consent or the lessee’s delayed delay reaches the amount of rent of two years, the lessor may terminate the instant lease agreement, and if the lease agreement of this case is terminated, the lessee shall restore the leased object to its original state and return it.

C. However, around April 2015, Defendant Company sublets the subject matter of the instant lease to Defendant F without the consent of the Deceased, a lessor, and currently Defendant F run general restaurants from the subject matter of the instant lease. However, the Defendants paid only KRW 3,850,00 among the rent up to April 24, 2015, and did not pay the rent up to May 26, 2016 until the date of closing argument of the instant case. Accordingly, Defendant Company’s rent amounting to KRW 52,383,332 [the rent amounting to KRW 52,383,32] of the leased object of the instant lease from April 25, 2015 (from April 25, 2015 to May 24, 2016).

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