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Reasons
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(영문) 제주지방법원 2016.01.14 2015가합10024
건물명도
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1. Defendant D’s KRW 106,830,00 for the Plaintiffs and 5% per annum from March 7, 2015 to January 14, 2016.

Reasons

1. Basic facts

A. Among the parties, Plaintiff A is the owner of the instant 1 and 2 real estate, Plaintiff B is the owner of the instant 3 real estate, Defendant C is a corporation with the purpose of selling meat and wholesale and retailing, and Defendant D is the parent of Defendant C’s representative director E.

B. On June 23, 2011, the Plaintiffs entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 200 million for each of the instant real estate and the lease term of KRW 50 million for each of the instant real estate from July 5, 201 to July 4, 2016 (hereinafter “lease”). The special terms and conditions regarding the instant case are as follows.

- If the lessee fails to pay rent more than twice continuously, the lessor may terminate the instant lease contract without delay.

- The rent shall be paid on the third day of each month, and shall be paid in KRW 11 million per month (including value-added tax; hereinafter the same shall apply) for one year from the date of the contract, KRW 12.1 million per month for two years thereafter, and KRW 1,3310,00 per month for two years from the date of the contract until the termination of the contract.

B. On July 11, 2011, Plaintiff C had registered the establishment of chonsegwon as stated in paragraph (3) of the claim made by Defendant C as “Defendant C with a right to lease on a deposit basis” from July 31, 201 to July 4, 2016, and from July 31, 2011 to July 4, 2016.

(hereinafter referred to as “the instant chonsegwon”). C.

Conclusion of sub-lease contracts between Defendant C and Defendant D

1. The sub-lessee must pay the rent directly to the lessor and may not oppose the lessor by the rent paid to the sub-contractor;

2. The sublease is jointly liable to pay the rent to the lessor by the former lessee; and

3. A lessee shall additionally pay 54,700,000 won (20,000 won out of the seven-time rents from October 3, 2013 to April 3, 2014) in arrears to a lessor by the lessor, plus three million won, from the third day of each month until the date on which the lessor has fully repaid his/her rents;

Provided, That the additional payment period shall be from August 3, 2014.

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