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Reasons
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(영문) 창원지방법원 2017.10.19 2017가합53609
건물명도(인도)
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1. Of the instant lawsuits, the part concerning Defendant E’s business registration (registration number): F) request for implementation of the procedure for cancellation of registration.

Reasons

1. A cited part;

A. On September 30, 2015, the Plaintiff indicated in the Attachment No. 1 (hereinafter “instant Claim No. 1”) with Defendant B on September 30, 2015

40 million won, monthly rent 2750,000 won (including value added tax; hereinafter the same shall apply)

(2) The term “the first lease contract of this case” refers to the term “the lease contract of this case” under the term of 24 months.

B) The real estate listed in the separate sheet No. 2 (hereinafter referred to as “instant real estate No. 2”)

(1) The term “B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-

After the conclusion of the instant sub-lease, Defendant B handed over the instant sub-lease Nos. 1 and 2 to Defendant B. (2) on February 22, 2016, Defendant B sub-leaseed the instant sub-lease to Defendant C for KRW 20 million, KRW 2750,000,000 per month, KRW 2750,000 per month, and KRW 24 months during the lease term. However, Defendant C sub-leaseed the instant sub-lease to Defendant E without the Plaintiff’s consent.

3) In addition, without the Plaintiff’s consent, Defendant B subleaseed the instant real estate No. 1 to Defendant D and E, and Defendant E is a business registration (registration number: F; hereinafter “instant business registration”) with the instant real estate Nos. 1 and 2 as its business place.

(4) Defendant B’s failure to pay for more than the three-year period portion of the instant real estate, and Defendant C’s failure to pay for more than three-year portion of the instant real estate. As such, the Plaintiff terminated the instant first and second lease agreement by serving a duplicate of the instant complaint on the Plaintiff.

5) Accordingly, Defendant B deducted the Plaintiff’s rent or unjust enrichment calculated at the rate of KRW 2,750,000 per month from March 1, 2017 to the completion date of delivery of the instant real estate from the amount obtained by deducting KRW 9,750,000 from the amount obtained by deducting KRW 30,250,000 from the deposit amount of KRW 40,000 of the instant lease contract from the deposit amount of KRW 40,000 to February 1, 2017.

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