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(영문) 서울중앙지방법원 2016.01.15 2015가단5036375
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 5, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the 11th floor of 502.35 square meters of the 11st floor among the D Buildings in Jung-gu, Seoul (hereinafter “instant real estate”).

A lessor: The extension of the lease term from April 5, 2010 to April 4, 2015: The lease term shall be extended automatically for two years unless one party notifies the other party of his/her opposition to the extension of the lease term three months prior to the expiration of the lease term in writing.

Lease Deposit: 12,180,000 won per month (payment not later than the 25th day of each month): 5,220,000 won per month (payment not later than the 25th day of each month): 5,220,00 won (payment not later than the 25th day of each month): A lessee may not transfer, sublease, offer security, or take other measures all or part of the rights and obligations arising under the lease contract of this case to a third party, and if he violates this obligation, he may not raise an objection even if the lessor unilaterally terminates the contract of this case.

(hereinafter referred to as “instant sub-lease prohibition agreement”). (b)

On April 5, 2010, the Plaintiff entered into a sublease contract with Defendant A (hereinafter “instant sublease contract”) with the following contents, and sublet the instant real estate to Defendant A:

The period of sub-lease: A rent for which no deposit for sub-lease is available from April 5, 2010 to April 4, 2015: Management expenses for 13,398,000 won per month (payment by April 25): 5,742,00 won per month (payment by January 25): A sub-lease may terminate the contract if the sub-lease delays at least twice in arrears.

C. Defendant A received the instant real estate from the Plaintiff in accordance with the instant sublease contract and operated the dental hospital in the instant real estate under the trade name of “E value”.

The Plaintiff may conclude the instant sub-lease contract by December 2014.

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