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(영문) 서울중앙지방법원 2016.02.23 2015가단141463
건물명도
Text

1. The defendant shall deliver to the plaintiff the stores listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. From 2000, the Plaintiff leased stores listed in the attached list (hereinafter “the leased stores”) from Seoul High-Speed Bus Co., Ltd. and operated the fireworks.

On July 31, 2013, the Plaintiff entered into a sublease contract with the Defendant to sublease the leased object of this case by setting the monthly deposit of KRW 5 million, monthly rent of KRW 500,000,000 from September 1, 2013, the lease term of KRW 24 months from September 1, 2013, and the three-month overdue delay (hereinafter “instant sublease contract”).

B. On March 19, 2014, the Plaintiff concluded a lease agreement with Seoul High-Speed Bus Co., Ltd., Seoul High-Speed Bus C 29.19 square meters (hereinafter “instant leased object”) on March 1, 2014 to December 28, 2015, with the term of lease from March 1, 2014 to March 28, 2015, with the lease deposit amount of KRW 2,280,000, monthly rent of KRW 535,000, monthly rent of KRW 530,000, and type of business as the leased object of the instant lease (hereinafter “instant lease”). According to the instant lease agreement, the Plaintiff cannot transfer or sublease the leased right without prior approval of Seoul High-speed Bus Bus Co., Ltd., Ltd., and, in the event of sub-lease of a store according to the Plaintiff’s circumstances, the Plaintiff obtained prior approval from Seoul High-speed Bus Bus Co., Ltd.

C. On May 22, 2015 and May 29, 2015, the Plaintiff sent each content-certified mail to the effect that the instant sub-lease contract will not be renewed upon the expiration of the period. At that time, each of the above content-certified mail reached the Defendant. On June 10, 2015, the Defendant sent a reply to the purport that the owner of the leased object of this case is Seoul High-speed Bus Co., Ltd., and that each of the above content-certified mail is not meaningful to the Defendant.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 5 (including each number).

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