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(영문) 대구지방법원 2016.06.23 2015가합207475
건물명도
Text

1. Defendant B and C shall be jointly and severally, and Defendant D shall jointly and severally with the above Defendants, and the Plaintiff shall be jointly and severally subject to the attached list.

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff, the owner of the instant real estate, entered into a lease agreement (hereinafter “instant lease agreement”) with the Emedical Consumer Cooperatives (hereinafter “E medical consumer cooperatives”) stipulating that the instant real estate shall be leased by setting the lease deposit amount of KRW 300 million, monthly rent of KRW 27.5 million, and the lease term of the instant real estate from October 1 to December 30, 2013 (hereinafter “instant lease agreement”).

At the time, Defendant B and his husband, who were the chief director of the non-party partnership, jointly and severally guaranteed the obligations of the non-party partnership under the instant lease agreement.

B. In the instant lease agreement, there was a special agreement that allows the Plaintiff to immediately terminate the contract when sub-lease or transfer of the right of lease without the Plaintiff’s consent as follows.

[Matters of Special Agreement]

3. The non-party union may not sublease or transfer the right of lease or the right of business to another person during or after the expiration of the lease period without the plaintiff's consent or consent.

Provided, That sub-leases for ancillary facilities (cafeterias and funeral parlors) related to the hospital shall be permitted, and the responsibilities for sub-leases shall be borne by the non-party partnership and shall be restored to its original state immediately when the termination of the lease

C. From May 1, 2015, the non-party union did not pay the Plaintiff the rent.

In addition, around June 1, 2015, the non-party union sub-leases or transfers the right of lease to Defendant D without the Plaintiff’s consent or consent, and registered its business with the trade name of Defendant D’s “F Hospital” and operates a convalescent hospital on the instant real estate.

On October 20, 2015, the Plaintiff sent a content-certified mail demanding the Defendant B, the president of the non-party union, to pay the rent in arrears until November 5, 2015.

Nevertheless, the non-party partnership did not pay the rent, but the plaintiff terminated the lease contract of this case by serving a duplicate of the complaint of this case.

【Facts without dispute over the grounds for recognition, and with Gap evidence number, respectively.

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