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(영문) 인천지방법원부천지원 2015.02.24 2014가단37394
건물명도
Text

The Defendants deliver to the Plaintiff the real estate listed in the separate sheet, and Defendant B from September 25, 2012.

Reasons

Facts of recognition

On May 9, 2012, the Plaintiff leased to Defendant B real estate listed in the separate sheet (hereinafter “instant real estate”) for the lease deposit of KRW 30,00,000,000, monthly rent of KRW 1,500,000 (payment after May 24, 201), and for the lease term of May 25, 2012 to May 24, 2014.

(hereinafter “instant lease agreement”). On September 30, 2013, Defendant B entered into a contract with Defendant D to transfer rights to the instant real estate (hereinafter “instant contract”) on the following grounds: (a) only the rent from August 2012 to August 2012 was paid; and (b) Defendant B entered into a contract with Defendant D to transfer the right to the instant real estate (hereinafter “instant contract”); and (c) the main content is as follows.

Total premium amount: 8,000,000 won special agreement

1. To transfer and take over all the current facilities, and the lease contract shall be concluded later in light of the circumstances of the transferee; and

2.In accordance with the contract for the appropriate use of the present building at intervals of the assignee, the contract for the use of the building at the time of the buyer’s acquisition of the contract will be terminated, and the contract for use will be used as joint offices between the parties under mutual agreement, and the assignee will bear the monthly rent 1,500,000/management expenses until the conclusion of the contract with the lessor separately.

(hereinafter) Around October 1, 2013, Defendant B delivered the instant real estate to Defendant C and D, but Defendant C and D did not enter into a lease agreement with the Plaintiff as stipulated in the foregoing special agreement clause.

Defendant C reported and operated the establishment of a licensed real estate agent office on October 21, 2013. On July 14, 2014, Defendant C reported the relocation of the office to Seocheon-gu Seoul Special Metropolitan City E, and reported the closure of business on August 28, 2014.

On April 4, 2014, the Plaintiff received a written confirmation from Defendant D that he would pay overdue expenses for the instant real estate, and on April 10, 2014, notified Defendant B of the termination of the instant lease agreement on the ground of the overdue delay.

(hereinafter “instant termination notice”). The instant real estate is located on April 2014.

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