(영문) 서울서부지방법원 2015.05.15 2014가단224922

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(영문) 서울서부지방법원 2015.05.15 2014가단224922

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 16,900,000 and for this, June 2014.

Reasons

1. Facts of recognition;

A. On November 1, 2013, the Plaintiff leased the building indicated in the separate sheet (hereinafter “instant building”) and entered into a sublease contract with C, the husband of the Defendant representative director, setting a deposit of KRW 1,00,000, monthly rent of KRW 1,700,000, and the sublease period from November 16, 2013 to January 31, 2015 (hereinafter “instant sublease contract”).

B. Meanwhile, at the time of the sublease contract of this case, C agreed to pay the Plaintiff KRW 25,00,000 to the office facility cost installed inside the building of this case (hereinafter “instant facility cost agreement”).

(A) The special terms and conditions of the real estate lease contract for the certificate No. 1 are as follows: “The leaser and the lessee agree on the separate terms and conditions for the facilities,” and “The certificate No. 2 of the facility cost confirmation” are as follows. (C)

Although the defendant is registered as representative D, it is actually operated by C, and the building of this case is transferred from the plaintiff to the office from November 1, 2013 under the sub-lease contract of this case. D.

In addition to receiving KRW 20,000,000 from C or the Defendant as facility costs, the Plaintiff was unable to receive deposit and monthly rent as stipulated in the sub-lease agreement in the instant sub-lease agreement from C or the Defendant on January 6, 2014, and prepared a “written confirmation of payment schedule for rent” stating the purport that the Plaintiff would divide the sum of KRW 32,000,000 from the Defendant’s management directors E, delegated by the Defendant, into January 20, 2014 and January 30, 2014.

E. On January 29, 2014, the Plaintiff terminated the instant sub-lease contract on the grounds of the delinquency in rent to C, and sent a certificate of content to request the removal from the instant building by January 31, 2014.

F. On April 3, 2014, the Defendant: (a) the title “plan for the payment of rent and facility cost” to the Plaintiff on April 3, 2014; (b) the unpaid amount of KRW 5,000,000; and (c) KRW 30,50,000,000 in total; and (d) the amount of the unpaid amount of KRW 25,50,500,00

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