(영문) 서울중앙지방법원 2017.10.19 2017가단5050771

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(영문) 서울중앙지방법원 2017.10.19 2017가단5050771

건물명도(인도)

Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence No. 1, 2, 3, 4, 9, and Eul evidence No. 9, the fact inquiry results of this Court's other Seodaemun Nos. 1, 2, 3, 4 and 9, and the overall purport of oral arguments.

On April 11, 2015, the Plaintiff leased, to Defendant B, real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) for the lease deposit amount of KRW 20,000,000, monthly rent of KRW 6,500,000 (excluding value-added tax), and the lease period of KRW 2 years.

In the above lease, the Plaintiff and Defendant B agreed that if Defendant B could not pay the rent over three occasions, the Plaintiff may terminate the lease.

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

Defendant B did not pay the rent stipulated in the instant lease, and around November 3, 2016, the Plaintiff notified Defendant B that the instant lease will be terminated on the grounds of the unpaid rent for at least three years.

C. On the other hand, on April 10, 2015, Defendant B sub-leaseed the instant real estate at KRW 7,000,000, monthly rent of KRW 800,000 to Defendant C by setting the sublease deposit amount to KRW 10,00,000, monthly rent of KRW 2,000, and sub-leaseed the instant real estate to Defendant E on April 11, 2015, and on September 1, 2016, Defendant D set the monthly rent of KRW 1,00,000.

2. According to the allegations and the facts of the above recognition, if Defendant B fails to pay the rent of the three period, the termination right shall accrue to the Plaintiff. However, Defendant B did not pay the rent of three or more periods, and on that ground, the Plaintiff notified Defendant B of the termination of the lease of this case on November 3, 2016. Thus, the lease of this case was terminated by the above termination notice.

Therefore, Defendant B bears the duty to deliver the instant real estate, which is the leased object, to the Plaintiff.

In addition, Defendant C, E, and D occupy the instant real estate as the former lessee.

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