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(영문) 서울중앙지방법원 2019.08.21 2018가단5125917
건물명도(인도)
Text

1. All part of the instant lawsuit’s claim for restitution is dismissed.

2. The plaintiffs' remainder against the defendants.

Reasons

1. Basic facts

A. The status of the party concerned 1) Plaintiff B, C, and D (hereinafter “Plaintiff B, etc.”)

(2) Defendant F is the spouse of G, the representative director of the Defendant Company, and the inside director of the Defendant Company. The Plaintiffs share the instant real estate in 1/4 shares.

B. On March 21, 2013, the Plaintiffs: (a) leased the instant real estate to the Defendant Company KRW 20,000,000; (b) monthly rent KRW 1,700,000 (repaid on April 26, 201); and (c) from April 26, 2013 to April 25, 2015 (hereinafter “previous lease”).

A) At the time of the previous lease agreement, the Plaintiffs and the Defendant Company agreed as follows. Article 3 (Change of Use, Sub-lease, etc.) The lessee may not change the purpose or structure of the instant real estate without the consent of the lessor, sub-lease, transfer the right of lease or provide security, and use it for any purpose other than the purpose of lease. In the event that the lessee’s overdue overdue interest falls short of the amount of the rent of two terms, or violates Article 3, the lessor may immediately terminate the said lease. In the event that the lease contract is terminated, the lessee shall restore the said real estate to its original state and return the said real estate to the lessor. In such a case, the lessor shall return the deposit to the lessee and, if any, refund the overdue rent or damages, the remainder thereof

3. The monthly rent shall be deposited into the HA account of the Bank of Korea.

6. A special agreement provides that penalty for delay of surrender shall be 15 million won; 9. A sub-lease may be made only to the subsidiary of the Defendant Company that is the contractor;

(Monthly rent increase) 2 The previous lease contract was successively renewed according to the expiration of the lease term, and the lease term has been extended by one year. The defendant company requested the plaintiff A to change the lessee of the real estate of this case to the defendant F.

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