(영문) 서울남부지방법원 2015.06.18 2014가단50177

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(영문) 서울남부지방법원 2015.06.18 2014가단50177

건물명도 등

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1. Defendant C:

(a) deliver the real estate listed in Attachment 1;

(b) KRW 44,611,760 and March 2015

Reasons

1. Facts of recognition;

A. (1) On August 15, 2010, Defendant C entered into a lease agreement with the Plaintiff as to the real estate listed in paragraph (1) of the attached Table 1, with a deposit of 26 million won, monthly rent of 2.1 million won (payment on August 29, 2010), from August 31, 2010 to August 30, 2012, Defendant C transferred the unpaid rental fee to the lessor once due to the special terms and conditions, and the burden of traffic congestion charges, environmental improvement charges, and all public charges is assessed against the lessee. (2) However, the Plaintiff A received a total of 113,400,000 won for 54 months from September 30, 2010 to March 30, 2015 (i.e., KRW 2.54,000,000 per month) from Defendant C’s total of 10,507,1967,1975,79,70000 won.

B.1) On August 15, 2010, Defendant C entered into a lease agreement with Plaintiff B as to the real estate listed in paragraph (2) of the attached Table No. 2, with a deposit of KRW 4 million, monthly rent of KRW 300,000 (payment on August 29), and the lease term from August 31, 2010 to August 30, 2012, Defendant C transferred the rental of the rental fee once unpaid due to special terms and conditions, to the lessor, and the burden of traffic congestion, environmental improvement, and public charges was borne by the lessee. (2) However, Plaintiff B received only KRW 1,620,00,00 (=30,000 x 5734 months) from September 30, 2010 to March 30, 2015.

C. At present, each real estate listed in the separate sheet is operating in the name of “E” in the possession of Defendant D without the consent of the Plaintiffs.

On December 13, 2014, the duplicate of the complaint of this case containing the plaintiffs' declaration of intent to terminate each of the instant lease agreements on the grounds of overdue overdue rent, unauthorized sublease, etc. reaches Defendant C.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 7 and the purport of whole pleadings

2. The allegations and judgment of the parties

A. According to the judgment on the cause of the claim 1, each of the instant lease agreements was lawfully terminated.

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