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(영문) 서울중앙지방법원 2016.04.26 2015가단102697
점포인도 등
Text

1. Defendant B and D are jointly owned by the Plaintiff:

(a) An indication of the attached drawings among the F Underground shopping centers located in Gangnam-gu Seoul Metropolitan Government E;

Reasons

1. Basic facts

A. F underground shopping malls in Gangnam-gu Seoul (hereinafter referred to as “F underground shopping mall”) is owned by Seoul Metropolitan Government (hereinafter referred to as “F underground shopping mall”) and donated to Seoul in 202, while it was constructed in 1982 and occupied for 20 years, by the Seoul Metropolitan Government) and the Seoul Metropolitan Government Facility Management Corporation (hereinafter referred to as “Facilities Management Corporation”) is entrusted with F underground shopping mall management in accordance with the Seoul Metropolitan Government Ordinance on underground shopping mall Management.

B. On July 2009, the Facility Management Corporation entered into a loan agreement with the LAB with the KAB and the KAB, and the Plaintiff entered into a lease agreement with the LAB with respect to the instant store.

Between May 26, 2014 and May 25, 2015, rental deposit is KRW 12,901,458, annual rent (including surtax) KRW 37,143,951, annual rent (including surtax) KRW 12,901,458, annual rent (including surtax) from May 26, 2015 to May 25, 2016 is KRW 40,349,158.

C. On June 201, the Plaintiff entered into a lease agreement with Defendant D, which stipulates that the term of lease for the instant store is 24 months from June 25, 2011, deposit is 50,000,000 won, monthly rent is 3,50,000 won, and the rent is imposed on Defendant D (a lease agreement; hereinafter “instant sublease agreement”).

Defendant D and his spouse, Defendant B, who had received the instant store and employed Defendant C, run a retail business of women with the trade name “I” at the instant store.

On June 24, 2013, the term of the sub-lease contract of this case expired, but it was implicitly renewed under the same condition in accordance with the Commercial Building Lease Protection Act.

Since then, the Defendants continued to possess the store of this case, and have paid monthly rent and rent until October 25, 2014, and thereafter have not been paid.

On January 19, 2016, the monthly rent and the unpaid monthly rent, which have not been paid by the Defendants until January 19, 2016, are non-paid from October 26, 2014 to November 25, 2014; 3,50,000,630,000.

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