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(영문) 서울중앙지방법원 2018.06.28 2018가합506419
건물명도(인도)
Text

1. The Plaintiff, among buildings listed in the separate sheet,

A. Defendant B Co., Ltd. shall have one story 484.04 square meters, two stories 635.28 square meters, three stories 622.

Reasons

1. Facts of recognition;

A. On January 10, 2017, the Plaintiff leased the first, second, third, fourth, fourth, five, six, and seven floors among the buildings listed in the attached Table to Defendant B Co., Ltd. (hereinafter “Defendant B”) as the lease deposit amount of KRW 700 million, monthly rent of KRW 70 million (Separate management expenses), and five years (the first floor was from June 1, 2017 to May 31, 202, and the second and seventh floors were determined from July 10, 2017 to July 9, 202; the lease period was two years prior to the commencement of the lease period); and the above building portion was handed over on March 3, 2017.

B. In addition, on February 20, 2017, the Plaintiff leased 10 floors among the buildings listed in the attached Table to Defendant B as the lease deposit of KRW 70 million, monthly rent of KRW 70 million (excluding management expenses), and five years (which shall be determined from May 27, 2017 to May 26, 202, but the lease period has expired before the commencement of the lease period), and on March 2017, the Plaintiff handed over the said building parts.

(hereinafter) On January 10, 2017 and February 20, 2017, the lease agreement entered into between the Plaintiff and the Defendant B refers to the instant lease agreement, and the leased object under the instant lease agreement is collectively referred to as the “instant building.”

Defendant B subleted the first floor of the instant building to Defendant C with the Plaintiff’s consent on July 5, 2017, and transferred the said building around that time.

C. From August 25, 2017, Defendant B did not pay rent and management expenses under the instant lease agreement, and on December 1, 2017, the Plaintiff sent to Defendant B a certificate indicating the intent to terminate the instant lease agreement on the ground that there was a ground for termination under Article 17 of the instant lease agreement (if the lessee did not pay rent, management fee, and expenses under the instant lease agreement for more than two months), and around that time, the said certificate reached Defendant B.

[Reasons for Recognition] Defendant B: A without dispute, entry in Gap evidence 2 through 4 (including branch numbers), 5-1, 7-1, and 7-1, and arguments.

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