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(영문) 서울중앙지방법원 2017.11.29 2015가합581716
건물인도 청구의 소
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Attached 1 Nos. 1 through 6, 8, and 31 are the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 16, 2014, the Plaintiff is the owner who completed the registration of ownership transfer with respect to the building indicated in the attached Table 1 (hereinafter “instant building”). The Defendants are the lessees of each shop listed in the attached Tables 1 and 2 among the 1st underground floors of the instant building (hereinafter “each of the instant stores”).

B. 1) The former owner of the instant building, Q Q Co., Ltd. (hereinafter “A Q”) entered into a lease agreement.

(2) On October 17, 2014, the Defendants and each of the stores of this case entered into a lease agreement with the Defendants on the following date: (a) 12-month contract period; (b) lease deposit and monthly rent; and (c) thereafter, the said lease agreement was explicitly renewed. (d) On September 17, 2014, the Plaintiff entered into a lease agreement with the Defendants to succeed to the said lease agreement by setting the contract period from September 17, 2014 to November 30, 2014; and (e) around November 1, 2014, the lease deposit and monthly rent were determined as the attached Form 4 deposit and rent, and (e) the Plaintiff entered into a new lease agreement (hereinafter “each of the instant lease agreements”).

3) Article 9(1) of the instant lease agreement provides that “The lessee may not allow a third party to use all or part of a name change or store without the lessor’s written approval, or transfer, resell, or sublease the right of lease under this agreement.” Article 9(3) provides that “If a lessee violates this, the lessor may immediately cancel the lease contract and claim for explanation.”

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