logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2017.12.22 2017가단3336
건물명도 등
Text

1. The Plaintiff, Defendant C, and Defendant D

(a) order the buildings listed in the separate sheet;

B. Joint and several liability shall be July 30, 2016.

Reasons

1. Basic facts

A. As of August 29, 2015, Defendant C, the actual manager of the Plaintiff’s agent E and Defendant D Co., Ltd. (hereinafter “Defendant Company”), drafted a real estate monthly contract (hereinafter “instant contract”) with the content of the real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”) from October 30, 2015 to October 30, 2017, with respect to the term of lease from October 30, 2015 to October 30, 2017, the deposit amount of KRW 20 million, the rent of KRW 25 million, and the rent of KRW 250,000.

B. In the lessor column of the instant contract, the Plaintiff’s name, resident registration number, telephone number, and address are indicated, and the Plaintiff’s seal is affixed, and in the lessee column, the name and the address, registration number, and telephone number of the Defendant Company C are indicated, and the Defendant Company’s corporate seal is affixed.

C. After preparing the instant contract, the Defendant Company paid a total of KRW 2.6 million as the instant building was used. D.

Defendant C agreed on February 2016 and December 2016 to assume all contractual responsibilities such as the payment of rent to the Plaintiff.

E. As of May 18, 2016, the Plaintiff sent to Defendant C a certificate of the content of the termination of the instant building lease agreement on the ground of the delinquency in rent.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) According to the written contract of this case, the lessee of this case is an individual B, the representative director of the Defendant Company, and the Defendant C agreed to assume the responsibility as the lessee as the Defendant Company’s manager, and the Defendant Company is the user of the instant building. As such, the Defendants should bear the responsibility as a joint lessee. 2) Since the Plaintiff terminated the lease contract on the ground that the rent arrears is overdue, the Defendants ordered the Plaintiff to order the instant building.

arrow