(영문) 서울중앙지방법원 2018.05.31 2017가단5181477

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(영문) 서울중앙지방법원 2018.05.31 2017가단5181477

건물명도(인도)

Text

1. The counterclaim against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff) Co., Ltd. shall be dismissed.

2. Defendant B, Inc.

Reasons

1. Determination on the main claim

A. (1) The Plaintiff is the owner of the land listed in the attached Table 1 list and the building listed in the attached Table 2 list (hereinafter collectively referred to as the “instant real estate”).

(2) The Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) with regard to the instant real estate as the lease deposit amounting to KRW 50 million, monthly renting KRW 7 million (excluding value-added tax, payment on the first day of each month), and the period from June 1, 2016 to May 31, 2018 (two years), and delivered the instant real estate to Defendant B on June 1, 2016.

(3) Around July 2016, Defendant B subleaseed the instant real estate to Defendant C with the Plaintiff’s consent, and around that time, transferred the instant real estate, and Defendant C used and occupied the instant real estate as its office from that time to that time.

(4) The Defendants failed to pay a rent after September 2016, and the Plaintiff notified Defendant B of the termination of the instant lease agreement on April 6, 2017 on the grounds of three or more years of delay in rent, and the Plaintiff and Defendant B agreed on April 6, 2017 as follows.

1. A lessee shall be released on April 30, 2017, with no term of lease due to extenuating circumstances and before maturity.

2. Unpaid rents (56 million won) and individual public charges shall be paid for retirement, and value-added taxes shall be separately paid;

If there is any remaining deposit, it shall be simultaneously performed or offset.

3. A partial amount of KRW 1.6 million shall be paid on April 10, 2017, and KRW 6 million shall be paid on April 10, 2017, and the unpaid monthly amount shall be KRW 5.6 million on April 14, 2017.

4. In the event that the above matters are violated, the lessee shall immediately leave the property, and the lessor shall directly keep the property at the storage place of the property at his/her domicile, and the costs incurred thereby shall be borne by the lessee;

B. The above facts of recognition are examined.

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