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(영문) 서울서부지방법원 2015.05.01 2014가합35778
건물퇴거
Text

1. The Defendants shall withdraw from each of the relevant buildings listed in the attached Table 2 list on the land listed in the attached Table 1 list.

2...

Reasons

1. Basic facts

A. On April 7, 2011, the Plaintiff entered into a lease agreement with J on the land listed in the separate sheet No. 1, which is owned by the Plaintiff, with the terms of the contract from May 24, 2011 to May 24, 2014; the term of the annual contract shall be from May 24, 2011 to May 23, 2012; and the annual contract shall be renewed from May 24, 201 to May 23, 2012; and the rent shall be KRW 327,80,000.

(hereinafter “instant lease agreement”). B.

According to the instant lease contract, the lessee is obliged to pay the rent within the period designated by the lessor (Article 3), the rent paid is not refunded if the lease contract is terminated due to any cause attributable to the lessee (Article 5). If the lessee subleases the leased property or transfers the right, the lessor may terminate the lease contract after the peremptory notice is given to the lessee.

(Article 11(2)(c)

After that, the Plaintiff renewed the instant lease agreement between the Defendant A, who was transferred the business name of K from J, with the business name of K, as of February 19, 2012, from June 20, 2012 to June 19, 2013; and the rent is the same as that of the previous case; and the term of the instant lease agreement was renewed on June 20, 2013 to June 19, 2014; and the rent was 271,700,000 won.

Meanwhile, the Defendants entered into a sub-lease contract with Defendant A to lease the relevant building on the ground specified in the attached Table 2 list of the land indicated in the attached Table 1 list (Defendant A entered into a sub-lease contract with Defendant B, C, D, G, and H as joint business operators of the Republic of Korea) and have possessed the relevant building until now.

E. On January 14, 2014, the Plaintiff notified Defendant A that the instant lease agreement was terminated on the grounds of sub-lease of leased assets and transfer of rights and unpaid rents.

[Reasons for Recognition] In the event there is no dispute between Defendant A, B, C, D, E, G, and I, and each of the descriptions in Gap evidence Nos. 1 through 9.

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