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(영문) 서울중앙지방법원 2016.08.26 2016가단5069310
건물인도등 청구의 소
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the attached list of real estate;

B. June 16, 2016

Reasons

1. Basic facts

A. The Plaintiff and Defendant Darocom Co., Ltd. entered into a lease agreement 1) The Plaintiff is a building listed in the annexed real estate list (hereinafter “instant building”).

(1) On March 10, 2014, Defendant Keycom Co., Ltd. (hereinafter “Defendant Key”) as its owner.

(1) The entire building of this case (including underground floors) KRW 150,000,000,000 (hereinafter “the lease deposit of this case”).

(2) The term of a lease agreement is a lease agreement with the following terms: KRW 14 million per month (including payment at the end of each month, value-added tax, and KRW 15.4 million including value-added tax); and the term from April 1, 2014 to March 30, 2016 (hereinafter “instant lease agreement”).

(2) Under the instant lease agreement, Defendant Catro paid the Plaintiff the rent and management fee by the end of each month in advance, and paid the Plaintiff the late payment penalty of 1.5% per month in arrears, and if Defendant Catro did not pay the rent and management fee for more than two months, the Plaintiff notified the termination of the contract and notified Defendant Catro decided to promptly order the Plaintiff to submit the instant building to the Plaintiff. Since then, the Plaintiff and Defendant Catro agreed to the settlement (Seoul Central District Court 2014Du678) with the content substantially identical to the instant lease agreement.

B. On December 22, 2015, Defendant Catro entered into a sublease contract between Defendant Catrocom and Defendant Catro (hereinafter “instant sublease contract”) with the effect that all of the instant building is sub-leaseed from December 22, 2015 to December 21, 2016 during the period from December 22, 2015 to December 21, 2016 (hereinafter “instant sub-lease contract”). The Plaintiff consented to the said sub-lease contract, and thereafter, Defendant Natti occupies occupies and uses the entire building of this case from December 22, 2012 to December 22, 2015.

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