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(영문) 수원지방법원성남지원 2017.09.27 2016가단28223
건물인도
Text

1. The Defendant points out each of the attached drawings indication 1, 2, 3, 4 and 1 among the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 2, 2015, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to the lease deposit of the heading 408 and 409 for the first floor in Sung-nam-si, Sung-nam-si (hereinafter “instant real estate”) with the Gold branch Co., Ltd. (hereinafter “non-party company”). From December 31, 2015 to December 31, 2020, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) by setting the lease deposit of KRW 150,000,000,000 for the rent month, and the period from December 31, 2015 to December 31, 2020.

In the above lease agreement, the non-party company can agree to sub-lease on the condition that it receives a protocol of compromise prior to filing a lawsuit.

B. On December 7, 2015, the Defendant entered into a sublease contract between the Nonparty Company and the Nonparty Company with respect to KRW 200,00,000 and KRW 19.36,00 inboard portion (hereinafter “instant store”) connected each point of the attached table 1,20,33, 44, and 19.36,00 square meters in sequence among the real estate listed in the attached table 18% of the total sales (hereinafter “instant sublease contract”). The Defendant operated a coffee shop at the instant store with the content that the Defendant pays the sales fees equivalent to 18% of the Defendant’s total sales to the Nonparty Company on a deposit basis (hereinafter “instant sublease contract”).

C. On May 18, 2016, the Plaintiff filed an application for reconciliation prior to the filing of the suit against the non-party company on the ground of the termination of the instant lease agreement with the Suwon District Court Branch Branch 2016No. 72, which sought delivery of the first floor 408 and 409, Sungnam-si, Sungnam-si. On July 18, 2016, the said settlement prior to the filing of the suit was concluded.

[Ground of recognition] without any dispute, Gap evidence 3, Eul evidence 1 through 3, Eul evidence 6, Eul evidence 7, the purport of whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated and the sub-lease relationship of this case was terminated. Thus, the defendant is obligated to deliver the store of this case to the plaintiff, unless there are special circumstances.

B. The defendant against this case.

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