(영문) 전주지방법원 2014.12.12 2014가단17727

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(영문) 전주지방법원 2014.12.12 2014가단17727

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From September 28, 2014, D.

subsection (b).

Reasons

1. Facts of recognition;

A. On February 27, 2012, the three names of limited liability companies (hereinafter “the three names”) agreed to lease buildings listed in the attached list (hereinafter “instant building”) with the Defendant as KRW 30 million, monthly rent of KRW 220,000, monthly rent of KRW 280,00 (Separate Notice of Value-Added Tax and Management Expenses), monthly rent payment period of KRW 28 (Advance payment) and February 28, 2012 from February 28, 2012 to February 28, 2014; however, they agreed to guarantee the Defendant’s business rights for at least four years and to increase the monthly rent of KRW 50,000,000 after two years have elapsed.

(hereinafter referred to as “the first lease contract of this case”) B.

The three names received the lease deposit under the first lease contract of this case on the same day, and delivered the building of this case to the defendant.

C. After that, the Plaintiff acquired the status of lessor under the first lease agreement of this case.

On January 23, 2014, the Plaintiff concluded a contract under which the Defendant did not pay the rent according to the instant first lease contract from around December 2013, and between the Defendant’s affiliated company, limited liability company (hereinafter “sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

E. On February 27, 2014, the Defendant and Sejong Construction agreed to deliver the instant building (hereinafter “instant agreement”) to the Plaintiff without settling the overdue rent and public charges by March 5, 2014. However, the first lease agreement between the lessee and the lessee was valid, but the lease agreement was terminated retroactively on February 2014, and the instant building was delivered (hereinafter “instant agreement”).

(f) Even thereafter, the Defendant and the Sejong Construction did not pay the overdue rent and the management fee by the due date of the settlement of accounts.

[Ground of Recognition] Facts without dispute, described in Gap evidence Nos. 1 and 2 (including paper numbers), and arguments.

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