(영문) 서울중앙지방법원 2014.11.06 2013가합93840

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(영문) 서울중앙지방법원 2014.11.06 2013가합93840

건물명도

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1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 3,338,574 Won and its corresponding;

Reasons

1. Basic facts

A. On March 27, 2013, the Defendant Association B (hereinafter “Defendant Association”) entered into a lease agreement between the Plaintiff and the Plaintiff on the condition that the lease deposit amount is KRW 90,000,000, monthly rent is KRW 6,500,000 (excluding value-added tax), and the lease term is set from May 1, 2013 to May 1, 2016. Defendant C, the representative of the Defendant Association, jointly and severally guaranteed the Defendant Association’s obligation to the Plaintiff under the said lease agreement.

The Defendant Association began to occupy and use the instant building from May 1, 2013 in accordance with the above lease agreement.

B. Around July of the same year, the Defendant Association entered into a lease agreement with the Plaintiff by dividing the leased object into two parts, and entered into a lease agreement with the Plaintiff on the entirety of the first floor (98.84 square meters) and the second floor (8.02 square meters), among the instant buildings, the lease deposit amount of KRW 70,00,000, monthly rent of KRW 7,150,000 (i.e., monthly rent of KRW 6,50,000, value added tax of KRW 650,000), and the lease term of the instant building from July 8, 2013 to April 30, 2016 (hereinafter “instant lease agreement”). Defendant C jointly and severally guaranteed the obligation to the Plaintiff Association under the said lease agreement.

(At the time, the lessee entered the lease agreement as the “Defendant Association Printing Business Book”. On July 16, 2013, the Defendant Association completed business registration regarding the “Defendant Association Printing Business Book” separately from the Defendant Association. The main contents of the instant lease agreement are as follows.

Article 2 The Defendant Association shall pay the lease deposit amount of KRW 70,000,000, and the monthly rent of KRW 6,500,000 (excluding value-added tax) shall be paid by the end of each month to the business registration account in the name of the Plaintiff (the national bank of the corporation).

except that payment shall be made within the payment period.

유사 판례

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