(영문) 서울중앙지방법원 2017.05.16 2016가단5207273

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(영문) 서울중앙지방법원 2017.05.16 2016가단5207273

건물명도

Text

1. The defendant shall be the plaintiff.

(a) order the store listed in the annexed sheet;

B. 6,747,44 won and its related amount on April 21, 2016

Reasons

1. Facts recognized;

A. On April 29, 2002, the Plaintiff entered into a contract with respect to the period of contract from April 29, 2002 to April 28, 2017 with respect to B and subway 1 C, 154-04, 12.48 square meters (3.78 square meters) for the said period of contract, the contract amount shall be 39,390,840 won in total for three years, and the contract amount shall be 39,390,840 won in total. The lease deposit shall be 19,70,000 won in total, and the monthly rent shall be 1,093,40 won in total, and the store lease agreement to adjust as above was concluded every three years.

B. Article 13 of the above lease agreement allows a third party to change the name only once after obtaining written approval from the Plaintiff. In such a case, the third party who received the right and obligation of the lessee succeeds to the change of the name.

C. Article 14 of the above lease contract

1. The lessee shall not transfer, sublease, or guarantee the rental deposit deposited in a third party without the prior approval of the Plaintiff in writing, under any pretext, and shall not delegate or operate his business; and

2. In the event of paragraph (1) without the Plaintiff’s written approval, the Plaintiff unilaterally terminates the contract, and the lessee’s rent equivalent to 10% of the rental deposit (the amount equivalent to the contract deposit) shall be reverted to the Plaintiff.

Article 20 of the above lease contract also 1. (4) If a lessee subleases, entrusts, or establishes a security, the lease contract can be terminated.

E. The plaintiff and the defendant are above B.

In accordance with Paragraph B, the name change of the tenant was made to the defendant, and the defendant has occupied and operated the store listed in the attached list. On May 2014, the contract was concluded between the plaintiff and the contract amounting to KRW 56,693,880, deposit deposit amounting to KRW 28,350,000, monthly renting to KRW 1,574,830.

E. The defendant shall make business registration in each name of D, E, F, and G, a third party, and shall conduct business at the stores listed in the attached Table.

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