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(영문) 서울서부지방법원 2015.06.11 2015가합212
건물명도
Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for 43,573,648 won and each of them from August 16, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the 1st underground floor and 7nd E building on the ground of Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendants are companies with the purpose of education business.

B. On July 25, 2013, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) to lease KRW 50,000,000 as deposit money, KRW 5,000 as deposit money, KRW 5,000,00 as deposit money, and KRW 7,000 as management fee per month from September 1, 2013 to August 31, 2014.

Article 4 of the above lease contract provides that the lessor may terminate the contract immediately if the lessee's delayed rent reaches the amount of two rents.

C. On August 1, 2013, the Plaintiff entered into a lease agreement with Defendant B with a deposit of KRW 100,000,000,000,00 for a deposit of KRW 10,000 for a rent of KRW 10,000 for a rent of KRW 10,020,00 for a monthly rent of KRW 242.14 square meters for the instant building and KRW 484.28 square meters for five stories, from September 1, 2013 to August 31, 2015.

Article 5 of the above lease agreement provides that if the defendant B, who is the lessee, fails to pay the rent and the management fee, the amount equivalent to 25% per annum shall be paid as delinquent charges depending on the number of days in arrears. Article 12(1) provides that the lessee may terminate the contract if the lessee has been in arrears for more than three consecutive times.

Around September 1, 2013, Defendant B sub-leaseed the 3th floor of the instant building to Defendant C Co., Ltd. (hereinafter “Defendant C”) from September 1, 2013 to September 1, 2013, and KRW 5,000,000 from September 1, 2013 to the expiration date of Defendant B’s lease, and the Plaintiff consented thereto.

E. Defendant B: (a) on the 3, 4, and 5th floor of the instant building, the Plaintiff on March 2013.

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