logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.21 2017가단5230935
건물명도(인도)
Text

1. At the same time, Defendant D’s return of KRW 215,00,000 from the Plaintiff to the Plaintiff:

A. Defendant B and D shall be listed in the annexed sheet.

Reasons

1. Basic facts

가. 원고와 피고 D는 2012. 11. 8. 원고가 피고 D에게 별지목록 기재 건물 1층 중 별지도면 ㉠, ㉡, ㉢, ㉥, ㉠의 각 점을 순차적으로 연결하는 선내 (가)부분 점포(외곽 18호) 15㎡(이하 ‘18호 상가’라고 한다)와 같은 도면 ㉢, ㉣, ㉤, ㉥, ㉢의 각 점을 순차적으로 연결하는 선내 (나) 부분 점포(외곽 19호) 10㎡(이하 ‘19호 상가’라고 한다)를 임대차보증금 215,000,000원, 임대차기간을 2012. 11. 1.부터 2014. 6. 30.까지로 정하여 임대하는 임대차계약(이하 이 사건 임대차계약이라고 한다)을 체결하였다.

At the time, Defendant D had argued that there was a loss incurred while intending to rent other commercial buildings than the above 19 and 20 commercial buildings, and the Plaintiff recognized the existence of such loss.

Accordingly, the Plaintiff and Defendant D agreed that KRW 215,00,000 of the above lease deposit shall be paid as damages to be paid by Defendant D.

B. Defendant B was engaged in wholesale and retail business under the trade name of “E” in 18 commercial buildings; Defendant C was engaged in wholesale and retail business under the trade name of “F” in 19 commercial buildings; Defendant D, upon entering into a lease contract with the above commercial buildings, succeeded to the status of sub-leases under the sub-lease agreement entered into between Defendant B and C.

C. Defendant B and C occupy and use respectively 18 and 19 commercial buildings until now.

On March 30, 2017, the Plaintiff: (a) agreed on the monthly rent at the time of the renewal of the instant lease agreement; (b) continued to possess and use the monthly rent without due process; and (c) on June 30, 2017, the Plaintiff issued to Defendant D a certification of the substance of the following summary, stating that the contract will be terminated if the contract is not notified of the intention of renewal by May 31, 2017; and (d) if the contract is not notified within the said period, the contract is terminated.

2. The receiver shall A.I.D.

arrow