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(영문) 대전지방법원 2020.07.16 2020가단106562
건물인도
Text

1. The Defendants:

A. It delivers to the Plaintiff A the building listed in the separate sheet No. 1;

B. Attached 2 List to Plaintiff B

Reasons

1. Basic facts

A. On June 7, 2019, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on each of the buildings listed in the separate sheet No. 1 (E) (hereinafter “E”), as to the building listed in the separate sheet No. 2 (hereinafter “F,” and collectively referred to as “instant building”) between the Plaintiff and B.

B. At the time of the conclusion of the instant lease agreement, Defendant C and the Plaintiffs: (a) the term of lease for each of the units of houses from June 15, 2019 to June 14, 2021; (b) the term of lease for each of the units of houses is KRW 20 million; and (c) the monthly rent is KRW 2 million, respectively; and (d) if Defendant C is in arrears for the three units of houses, the Plaintiffs, who are the lessor, may terminate the instant lease agreement; (c) the said lease agreement shall be paid first on July 15, 2019 with a special agreement, and six months thereafter, the said agreement shall be paid KRW 1.8 million as of July 15, 201; and (d) the said agreement shall be paid KRW 2 million as of January 15, 2020 as of each month from January 15, 202 to the termination of the contract.

C. Meanwhile, after the conclusion of the instant lease agreement, the Plaintiffs prepared a written consent to subleaseing the instant building to Defendant C, and Defendant D operated the instant building as “G”-based restaurant business from July 15, 2019 to the location of the instant building.

After the conclusion of the instant lease agreement, Defendant C paid the Plaintiff KRW 2 million as rent (payment in the amount of KRW 1 million each on August 23, 2019 and September 25, 2019), and KRW 3.98 million as rent to Plaintiff B (payment in the amount of KRW 1 million each on September 25, 2019), respectively.

E. After completing remodeling construction of the instant building between September 201 and October 10, 2019, Defendant C has been running restaurant business in the instant building by changing the type of business from the existing Chinese restaurant to restaurant.

F. The Plaintiff A is the Defendant on December 29, 2019.

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