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(영문) 서울북부지방법원 2015.11.06 2015가단5214
건물인도등
Text

1. The Plaintiff:

A. In the case of Defendant Korea: (a) the limited liability company, and B, the [Attachment 1] List 2.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff, the owner of each real estate indicated in the separate sheet, entered into a lease agreement with Defendant Korea: (a) as to the lease deposit amounting to KRW 15 million; (b) housing repair cost; (c) KRW 42.5 million; and (d) the lease period from October 31, 2013 to October 28, 2018; and (c) the Defendant Company agreed to impose KRW 42.5 million on the housing repair cost (hereinafter “instant lease agreement”).

B. On October 28, 2013, the Defendant Company completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) with respect to each real estate listed in the separate sheet as of October 28, 2013 as the Seoul Northern District Court’s Seoul Northern District Court’s Dongdaemun District Court’s receipt No. 36232, Oct. 28, 2013.

C. On February 19, 2014, Defendant B entered into a sublease contract (hereinafter “instant sublease contract”) with respect to the instant real estate with the Defendant Company by setting the period from February 28, 2014 to February 27, 2016, and occupied and used the instant real estate from around that time.

From April 2014, Defendant Company did not pay the rent, and on October 2, 2014, the Plaintiff expressed his intention to terminate the instant lease agreement on the grounds of delinquency in rent by Defendant Company.

Around October 10, 2014, the Defendant Company drafted a letter of confirmation of performance that “Around October 10, 2014, the Plaintiff would pay KRW 7.5 million including a delayed rent, etc., be responsible for the eviction of the former lessee residing, and inform him of the schedule by October 31, 2014,” but did not implement it.

On November 21, 2014, the Plaintiff notified the Defendant Company of the termination of the instant lease agreement.

E. Defendant C is the Seoul Central District Court No. 2014Kadan39566, May 22, 2014; Defendant B is each the Defendant as the Seoul Central District Court No. 2014Kadan5201, Nov. 19, 2014.

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