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(영문) 서울남부지방법원 2018.11.29 2018가단12005
건물명도 등
Text

1. The Defendants deliver real estate listed in the separate sheet to the Plaintiffs, and jointly deliver 45,00,000 won and July 1, 2018.

Reasons

1. Basic facts

A. On December 1, 2017, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) on each of the terms of lease deposit amounting to KRW 75,00,000,000, monthly renting KRW 7,500,000, and period of lease from December 1, 2017 to November 30, 2019.

B. On January 19, 2018, Defendant C entered into a sublease contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) with the terms that the instant real estate is leased as KRW 75,000,000, monthly rent, KRW 7,500,000, and the term of lease from January 19, 2018 to April 19, 2018 (hereinafter “instant sublease contract”), and the Plaintiffs consented thereto.

C. From January 1, 2018, Defendant C did not pay to the Plaintiffs that it is a vehicle under the instant lease agreement, and on March 29, 2018, the Plaintiffs notified Defendant C of the termination of the instant lease agreement on the ground that it was two or more vehicles for rent, etc., and around that time, Defendant C notified Defendant D of its purport.

Defendant D, around May 3, 2018, issued to Plaintiff A a written confirmation that he/she will deliver the instant real estate by June 15, 2018, but has occupied the instant real estate until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. From January 1, 2018, Defendant C did not pay to the Plaintiffs monthly rent under the instant lease agreement from January 1, 2018 to the present date. Accordingly, the Plaintiffs notified Defendant C of the termination of the instant lease agreement on the grounds that the two or more periods of rent were delayed on March 29, 2018, as seen earlier. As such, the instant lease agreement was terminated at the time when the said termination declaration was served.

Accordingly, Defendant C.

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