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(영문) 인천지방법원부천지원 2020.02.14 2019가합103064
건물명도(인도)
Text

1. The Defendant, the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 96,00,000 won from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff is a building indicated in the indication of attached real estate No. 1 from Nonparty E Co., Ltd. (hereinafter “instant building”).

(2) Defendant B (hereinafter “Defendant B”) is a legal entity that, as Defendant C, operates a store in the store operated by a large franchise and retail business operator and engages in the wholesale and retail and franchise business, such as an optician, and a store in the store in the store operated by a large franchise and retail business operator, jointly with an optician, as Defendant C, by leasing a store in the store in the store in the store operated by an optician.

B. 1) On March 1, 2018, the Plaintiff entered into a sub-lease contract with the Defendants on March 1, 2018, and the real estate indicated in paragraph (a) of the Disposition 1 (hereinafter “instant object”).

B) A sub-lease period is set as KRW 96,00,000 for sub-lease deposit, KRW 8,200,000 for monthly rent, and KRW 8,200 for sub-lease (value-added tax separate) from March 1, 2018 to February 28, 2019, and sub-leases (hereinafter “sub-leases in this case”) to the Defendants who are co-lessees.

(2) The Plaintiff received KRW 96,00,000 from the Defendants the instant sub-lease deposit, and the Defendants received the instant object from the Plaintiff, and are operating the Ansan in the name of “G” in the instant object.

3) Article 32(5) main text of the instant sub-lease contract provides that “In calculating the amount of damages equivalent to the monthly rent due to the termination of this contract, the monthly rent shall be the lower of the average monthly rent for one year before the end of the contract, and the average monthly rent for three months before the termination of the contract.” (c) The Plaintiff’s notification of refusal to renew the contract on December 21, 2018 and January 31, 2019, shall be accompanied by the content certification that each Defendants would not renew the instant sub-lease contract (hereinafter collectively referred to as “instant content certification”).

A. The instant content certification reached the Defendants around that time.

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