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(영문) 수원지방법원성남지원 2016.08.09 2016가단7448
건물인도
Text

1. The Defendants deliver buildings listed in the separate sheet to the Plaintiffs.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 3, Defendant LAC Co., Ltd.: (a) concluded a sub-lease contract with the above company on July 2015 with the Plaintiffs on the lease deposit amount of KRW 100,50,000, rent of KRW 450,000, management fee of KRW 500,000, lease period of KRW 500,000, and lease period of KRW 500,000; (b) the above lease period from June 18, 2015 to June 18, 2017; (c) the Plaintiff and the above company at the time of the above lease contract determined that the lessor may immediately terminate the lease contract (Article 18); (d) the remaining Defendants concluded a sub-lease contract with the above company with the Plaintiff’s business relationship; and (d) concluded the lease contract with the above company for the aforementioned case for the reasons that they were in arrears from March 16, 2016.

According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s expression of intention of termination on March 14, 2016.

Therefore, the defendants have the duty to deliver the building of this case to the plaintiffs.

As to this, Defendant Lado, Inc. paid all the rent, etc., up to May 2016, and therefore, it is alleged to the effect that the instant lease agreement should continue to exist. However, it cannot be deemed that the right to terminate the agreement of the Plaintiffs is extinguished on the ground that the said Defendant paid the rent, etc. late. Therefore, the said assertion is rejected.

If so, the plaintiffs' claims are reasonable and acceptable.

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