(영문) 청주지방법원 2017.03.02 2015가합1618

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(영문) 청주지방법원 2017.03.02 2015가합1618

건물명도 등

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1. The Plaintiff (Counterclaim Defendant) paid KRW 241,902,813 to the Defendant (Counterclaim Plaintiff) and against this, from February 2, 2017 to March 2, 2017.

Reasons

1. Basic facts

A. On September 2, 2004, the Plaintiff established a non-party C Co., Ltd. (hereinafter “C”) for the purpose of leasing real estate, operating a film theater, etc., and is actually operating up to now. The Defendant is a company established for the purpose of operating a film theater.

B. C was operating a film theater in the name of “E” under the lease of No. 802, 8101, and 9101 (hereinafter “the instant building”) of the Cheongju-si building No. 8 (hereinafter “E”). On July 18, 2013, C entered into an agreement with CGV Co., Ltd. (hereinafter “CGV”), and operates a film theater in the name of “F” (hereinafter “the instant film theater”).

C. On December 3, 2014, the Plaintiff entered into a lease agreement with the Defendant to sublease the instant building to the Defendant and to entrust the operation of the instant film center to the Defendant (hereinafter “the instant sublease agreement”). The key contents of the said agreement are as follows.

(Lease) Lease (Lease and Lease): Deposit money for the lease (lease) of F (1,275) of the 8th floor (8 books, 1,275 units): 100,000,000 won in monthly lease (use): 25,000,000 won (lease) shall be subleted to a 'F' which is currently operated and leased by the Promotion Co., Ltd. (hereinafter referred to as the 'Defendant'; hereinafter the same shall apply) and the contents thereof shall be as follows:

C. Foods

2. The lease term shall be from December 1, 2014 to November 30, 2016.

3. The method of lease (lease) shall be changed to operate the representative director of the Dispute Resolution Co., Ltd. to a person designated by “B” or “B,” and “A (referring to the plaintiff; hereinafter the same shall apply)” shall be immediately changed to a person designated by “B,” and “B” shall be immediately returned to the representative director at the end of the lease.

5. Monthly rent is the account designated by “A” on the second day of each month.

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