(영문) 광주지방법원 2018.10.24 2018가단518962

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(영문) 광주지방법원 2018.10.24 2018가단518962

건물명도(인도)

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1. The Plaintiff; Defendant A’s real estate indicated in the attached list; Defendant B’s real estate indicated in the same list; and Defendant C.

Reasons

1. Facts of recognition;

A. On August 30, 2017, the Plaintiff: (a) leased the real estate indicated in the separate sheet from D as KRW 50 million; (b) from July 29, 2017 to July 28, 2019; and (c) provided that the Plaintiff reserved the right to terminate the lease contract for the said sub-lease in the event that the Plaintiff sub-leases the said real estate to Defendant A with the rent of KRW 59,660 for the same period on the same day and fails to pay the rent for at least three months.

B. On April 4, 2017, the Plaintiff agreed to withhold the right to terminate the lease contract for the said sub-lease if the Plaintiff leased the said real estate as KRW 60 million from E, and the lease period from March 19, 2017 to March 18, 2019, with the rent of KRW 95,470 for the same period fixed from March 19, 2017.

C. On January 2, 2017, the Plaintiff agreed to withhold the right to terminate the lease contract for the said sub-lease in cases where the Plaintiff leased the said real estate at a monthly rent of KRW 102,410 for the same period from January 16, 2017 to January 15, 2019 on the lease deposit amounting to KRW 65 million, and the lease period from January 16, 2017 to January 15, 2019.

The defendants occupy each of the above real estate without delay in paying rent for not less than three months.

【Ground of Recognition】 The plaintiff and the defendant A, and C: Each entry of Gap evidence Nos. 1 and 4 (including paper numbers), the purport of the whole pleadings, and the parties between the plaintiff and the defendant B: Confession.

2. Determination

A. According to the above facts, since each of the above sub-lease contracts is terminated by the service of a copy of the complaint of this case stating the intention of termination of each of the above sub-lease contracts, the defendants are obligated to deliver each of the above real estate to the plaintiff.

B. As to this, Defendant C paid all delayed rents after the filing of the instant lawsuit.

유사 판례

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-의정부지방법원 2017.08.18 2016가합56479

-부산지방법원동부지원 2020.01.29 2019가단211814