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(영문) 서울중앙지방법원 2017.12.05 2016가단5274389
점포명도 등 청구의 소
Text

1. The Plaintiff, while underground road shopping malls in Jung-gu Seoul Metropolitan Government D:

A. Defendant B shall indicate the annexed drawings 1, 2, 5, 6, 1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity established for the purpose of underground shopping mall management and operation, store leasing business, etc., and F (hereinafter “F”).

In accordance with the agreement with a project operator on July 31, 201 and the “Agreement with the project operator,” to contribute to the installation and donation of commercial convenience facilities, etc., i.e., the complete renovation and repair works, and to F to the underground passage shopping mall located in Jung-gu Seoul Metropolitan Government D (hereinafter “instant underground shopping mall”).

The management and operation of the building of this case is a juristic person exercising the right to enter into a lease agreement, management and operation of the store and the attached real estate in the commercial building of this case. 2) The Defendants, in turn, leased each of the Defendant C with the following points: (a) the part (A) of the attached drawing indicating 1, 2, 5, 6, and 1 in the underground shopping mall of this case, connected each point of Defendant B, 2, 3, 4, 5, and 2 in sequence; and (b) the part (a) of the attached drawing indicating 2, 4, 5, and 2 in the underground shopping mall of this case (hereinafter “instant store”); and (b) the part (a) and the part (b) of the instant store of this case; and (b) the combined part, “the instant store of this case” of this case.

B. On March 30, 2012, the Plaintiff and the Defendants’ lease contract 1) with respect to the part of the Defendant B and the instant store (Ga) on March 30, 2012, and each lease contract with respect to the part of the Defendant C and the instant store (Ga) on May 24, 2012 (hereinafter “each of the instant lease agreements”).

A) The Plaintiff concluded each of the instant lease agreements. Article 8(5) of the instant lease agreements provides that “The Defendant shall not sublease all or part of the leased object,” and Article 13(2)5 provides that the Plaintiff may terminate the relevant lease agreement when he/she violates the duty to prohibit sub-lease under Article 8. 2) Since then, the Plaintiff entered into an annual renewal agreement with the Defendants on January 15, 2016, and on January 15, 2016, the Plaintiff entered into an annual renewal agreement with the Defendants on January 27, 2080,40, annual rent of KRW 17,693,196, annual rent of KRW 17,693,196, and the term of lease from January 15, 2016 to January 14, 2017.

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