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(영문) 울산지방법원 2018.10.25 2018가단15641
건물명도 등
Text

1. The Plaintiff:

A. The Defendants shall order all three floors of the attached list among the buildings listed in the attached list;

B. Defendant B, Inc., Ltd., on January 2018

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in Items A(1) to 13 and the purport of the entire pleadings.

A. On March 18, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) leased all three floors of the attached list (hereinafter “instant building”) from the Plaintiff to March 19, 2018, from March 20, 2015 to March 19, 2018, the lease deposit amount of KRW 40,000,000 from March 20, 2015 to March 19, 2018 (hereinafter “the instant first lease”), and around that time, the Plaintiff paid KRW 40,000,000 for the instant first lease deposit to the Plaintiff.

B. On October 20, 2015, Defendant 1, with the Plaintiff’s consent, sublet the instant building to Defendant C Co., Ltd. (hereinafter “Defendant 2”) from October 20, 2015 to March 19, 2018, the lease deposit amount of KRW 40,000,000, and the rent of KRW 1,30,000,000 (excluding value-added tax).

C. On August 17, 2016, Ulsan Nam-gu seized Defendant 1’s claim for the refund of the instant first lease deposit on the grounds of the delinquency in payment of local taxes.

Defendant 1 re-leased the instant building from the Plaintiff on March 6, 2018 before the expiration of the instant lease period to March 19, 2020, from March 2018 to March 19, 2020, the lease deposit amount of KRW 40,000,000, and the rent of KRW 1,300,000 (excluding value-added tax).

(hereinafter “the second lease of this case”). E.

On March 28, 2018, with Defendant 1’s consent, the Plaintiff paid KRW 40,000,000 of the instant first lease deposit to Ulsan-gu as the payment of delinquent local taxes. The Plaintiff released the attachment on the same day on the same day.

F. Although the timing of payment of the lease deposit under the instant secondary lease agreement was the end of May 31, 2018, Defendant 1 did not pay the instant secondary lease deposit by May 31, 2018.

G. Accordingly, on June 7, 2018, the Plaintiff terminated the instant secondary lease agreement on the grounds of Defendant 1’s nonperformance of the obligation to pay the instant secondary lease deposit.

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