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(영문) 의정부지방법원고양지원 2016.02.04 2015가단85445
부도산명도 등 청구의 소
Text

1. The Plaintiff, Defendant B, C, and E shall have one story of 308.12 square meters and two stories of 324.61 square meters among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. On May 30, 2014, the Plaintiff entered into a lease agreement between F Co., Ltd. (hereinafter “F”) and F Co., Ltd. with respect to the instant building, which provides a lease deposit of KRW 100 million, KRW 9 million per month of rent (excluding value-added tax), and from June 9, 2014 to June 8, 2015, and agreed that the instant building may not be sub-leased, leased, or provided security without the lessor’s consent.

C. The Plaintiff received the foregoing lease deposit from F and delivered the instant building to F on June 9, 2014.

On June 25, 2014, the Plaintiff agreed to sublease the instant building to F’s representative director B at the F’s request. On the re-lease agreement, the Plaintiff entered into with F that “The pre-lease agreement is limited to book publishing G, H Museum, and E (hereinafter “E”). The lease agreement entered into with F is equally applicable to B who is the lessee, and this also includes the agreement that “the lease agreement entered into with F is terminated immediately after the lease term expires.”

E. F sublet the underground floor part of the instant building to D on June 9, 2014, and currently D occupies it.

F. B, in collaboration with the J that used the position of the representative director of E as the internal director of E who operates the Kapet, B operated the Kapet on the first floor of the instant building, and F subleted approximately 20 square meters to J on the second floor of the instant building.

G. C was appointed as the representative director of E on July 6, 2015.

H. The Plaintiff, as the court 2015Kahap5079, sought to enforce the provisional disposition on June 30, 2015 upon receiving the obligor F’s order of possession transfer and provisional disposition. However, at the time, F’s employees K jointly occupied the first floor of the instant building by Defendant B and J, and the second floor was jointly occupied by F, Defendant B, J, and Defendant E, and the execution was not carried out.

I. The Plaintiff is again liable to the Defendants under this Court 2015Kahap510.

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