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(영문) 서울중앙지방법원 2020.10.27 2019가단5315137
건물인도
Text

1. The Defendants jointly deliver the building indicated in the attached Table to the Plaintiff, and Defendant B Co., Ltd.

Reasons

1. Basic facts

A. On July 20, 2017, Defendant B Co., Ltd. (hereinafter “Defendant A”) concluded a lease agreement with the Plaintiff regarding the building listed in the attached real estate list (hereinafter “instant building”) as follows (hereinafter “instant lease”).

◎ 임대차기간 : 2017. 7. 27.부터 2019. 7. 26.까지(24개월), 임대료 기산일은 2017. 8. 1. ◎ 임대보증금 : 1억 원 ◎ 임 대 료 : 매월 말일 1,100만 원(부가가치세 포함) ◎ 연 체 료 : 납기 다음 날부터 연 18%

B. On August 1, 2018, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) changed the instant building to the location of its principal office, and the same month.

8. Completion of registration for modification of the head office, and up to now, Defendant 2’s mutual signboards are set up in the building in this case.

C. C. On October 2, 2019, Co., Ltd.: (a) was the court of this Court No. 2019Kadan585, and December 17, 2019, this Court of this Court No. 2019Kadan781; (b) Company E was the court of this Court No. 2019Kadan203024, Oct. 2, 2019; (c) Company F was the court of this Court No. 2019Kadan40526, Dec. 5, 2019; (b) each debtor was the Defendant 2 and the Plaintiff as the third obligor; and (c) was decided on provisional seizure of claims by designating the claims to be provisionally seized as the claims to return the lease deposit against the Plaintiff.

From July 26, 2019 to July 26, 2019, Defendant 1 paid only six-time rents during the term of the instant lease contract, and there is no difference between Defendant 1 and the Plaintiff from July 2019 to December 31, 2019.

E. The Plaintiff terminated the instant lease contract and claimed restitution of the original state on the ground that the Plaintiff failed to pay rent and sub-lease without permission through the delivery of the duplicate of the instant complaint against Defendant 1.

[Reasons for Recognition] Each entry or video of Gap evidence Nos. 1 through 12, and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant company delivered the building of this case to the plaintiff, and the defendant company 1 transferred the building of this case to the plaintiff.

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