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(영문) 서울서부지방법원 2015.09.04 2015가단210968
건물명도
Text

1. The Plaintiff:

A. The Defendants jointly indicate 1, 2, 2, and 374.03 square meters of the 1st floor of the building listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 26, 2014, the Plaintiff leased the building indicated in the disposition to the Defendant B, with a deposit of KRW 300 million, monthly rent of KRW 14,00,000 (excluding value-added tax), monthly management expenses of KRW 1,100,000 (excluding value-added tax).

(B) Defendant B asserts that a corporation without labor is a party to a lease agreement, but there is no evidence to acknowledge that it is a corporation without labor, and thus, the above assertion is not accepted).

The Plaintiff terminated the above lease contract as a service of a duplicate of the complaint of this case, when Defendant B did not pay rent and management fee for more than two months.

On July 9, 2015, the rent, management fee, etc. that the above defendant did not pay is 143,282,080 won in total.

C. Meanwhile, Defendant B sublet the above building to Defendant Jin-jin Co., Ltd., and Defendant Jin-jin Co., Ltd. again. to Defendant C.

[Reasons for Recognition] Each entry in Gap 1 through 4 (including the serial number), and the purport of the whole pleadings between defendant C and defendant C

2. According to the above facts of recognition, the defendants are jointly obligated to deliver the above building to the plaintiff, and the defendant B is obligated to pay the unpaid rent, management fee, etc. to the plaintiff.

The Plaintiff sought the payment of the unpaid rent and management expenses against Defendant Jin-jin Co., Ltd. and Defendant C, but inasmuch as the said Defendants did not transfer the said building with the consent of the lessor, the Plaintiff’s claim for rent and management expenses against the said Defendants is without merit.

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