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(영문) 울산지방법원 2017.11.10 2017가단53462
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. Defendant B Co., Ltd. is the Plaintiff on 21,529.

Reasons

1. Facts of recognition;

A. The parties’ relevant Defendant B Co., Ltd. (hereinafter “B”) is a company managing the shopping mall of this case as the project implementer of Yangsan-si and D site 3,015 square meters of underground 4 stories and E shopping mall, a building of 9 stories above ground (hereinafter “the shopping mall of this case”). The Defendant Co., Ltd. (hereinafter “Mono chip”) leased the whole shopping mall (excluding eight stories) of this case from Defendant B to operate the shopping mall of this case. The Plaintiff purchased 607 of the shopping mall of this case (hereinafter “the building of this case”) from F and acquired ownership as of August 21, 2013.

B. On September 1, 2013, the Plaintiff and Defendant B entered into the first lease and second lease agreements on the instant building with Defendant B, and the first lease term was from September 1, 2013 to August 31, 2015, with the lease deposit of KRW 30 million and monthly rent of KRW 3 million (Additional Tax). The second lease term was from September 1, 2015 to August 31, 2018, with the lease deposit of KRW 50 million and KRW 3150,000 (Additional Tax).

In addition, according to each of the above lease agreements, if Defendant B fails to pay the rent, 10% of the monthly rent agreed at the expiration of 30 days from the payment date shall be paid in addition to the overdue charge.

C. On April 22, 2013, Defendant B entered into a lease agreement (hereinafter “the instant sub-lease agreement”) on the entire shopping mall (excluding the eight floors) of the instant building, including the instant building, between the Defendant Mada chip Co., Ltd. (hereinafter “Mana chip”). From November 1, 2013 to October 31, 2028, Defendant B entered into a lease agreement (hereinafter “the instant sub-lease agreement”).

Defendant B did not pay monthly rent from January 2014.

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