(영문) 서울남부지방법원 2019.06.05 2019가단368

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(영문) 서울남부지방법원 2019.06.05 2019가단368

건물명도 등

Text

1. The Defendants shall deliver the buildings listed in the separate sheet to each Plaintiff.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 4, 2018, the Plaintiff entered into a lease agreement with Defendant Incorporated Agricultural Company B (the representative D; hereinafter “Defendant 1”) on each of the real estate listed in the separate sheet (hereinafter “instant building”) as between KRW 100 million, monthly rent of KRW 8,114,645, and the term of the contract from September 4, 2018 to September 29, 2019; on September 30, 2018, the Plaintiff entered into a lease agreement with Defendant Incorporated Agricultural Company C (the representative D, E, and hereinafter “Defendant 2”), and Defendant E and the instant building under the same conditions as the lease agreement (hereinafter “instant lease agreement”).

Although the Plaintiff asserted to the effect that the lessee of the instant building was changed from Defendant 1 to Defendant 2 and 4, it does not seem that Defendant 1 lost his status as the lessee in light of the provisions regarding the tenant’s indication, the subject to the burden of rent, the succession to the contract, etc.

Article 6 (Refund of Security Deposit)

3. If the lessor fails to pay the rent or management fee for more than three months from the due date for the payment, the lessor agrees to suspend the supply of electricity, water, cooling, heating, etc. until the lessee pays the full amount, and the Defendant does not raise any objection to the suspension of supply of electricity, water, air-conditioning, cooling, etc., and the legal expenses therefrom are to be borne by the lessee in full, including legal expenses, and a penalty equivalent to 30% of the deposit shall be collected

Article 12 (Joint Liability)

1. Lease fees, management expenses, parking fees, penalty, loss, restoration expenses, other expenses, etc. shall be paid jointly and severally by the lessee and the defendant E;

2. Where a lessee fails to pay rent, management fee, parking fee, penalty, penalty, loss, restoration expenses, other expenses, etc., Defendant D and E shall be jointly and severally liable by the representative director;

3. The lessees shall be jointly and severally liable with respect to this contract and shall be jointly and severally liable at either of them.

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