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(영문) 의정부지방법원고양지원 2014.07.17 2013가단509848
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), renewed the lease agreement with the Defendant A, the lessee of the instant commercial building, for the period from July 1, 2012 to June 30, 2014, the deposit amount of KRW 2,3140,000, and monthly rent of KRW 544,270, respectively.

B. The contents of the above lease agreement include the following agreements:

Article 10 (Prohibition of Transfer, Sub-lease, etc.) No lessee shall transfer (including sale, donation, provision of security, entrustment, and all other acts accompanying changes in rights, but excluding cases of inheritance) or sublet an indicated shop value to any other person.

Article 13 (Cancellation or Termination of Contract) (1) Where a lessee has performed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract where no performance is made after demanding the lessee to perform such act within a reasonable fixed period of time:

3. Where the lessee transfers the right of lease on the display or subleases it to another person;

C. From July 15, 2008, Defendant A registered the instant real estate with the trade name “C” and operated a general restaurant business. On December 13, 201, Defendant A entered into an agreement with Defendant B on business operation management regarding the said restaurant, and the details thereof are as follows.

(A) On June 30, 201, the truster shall entrust the trustee with all business operation management until June 30, 2013.

2.The trustee shall pay to the truster KRW 40 million with the deposit for the management of the establishment of the business and shall pay KRW 1.2 million with the balance of the business preservation, regardless of the profit or loss on the 10th day of each month.

3. A truster shall preserve the licence and business registration by the expiration date of an operation and management agreement, and a trustee shall register his/her employees with at least one employee and shall join and take part in the obligatory insurance until the expiration date of the management.

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