(영문) 서울중앙지방법원 2019.05.29 2018가합528525

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자간(%)

(영문) 서울중앙지방법원 2019.05.29 2018가합528525

건물명도(인도)

Text

1. Defendant E Co., Ltd and F Co., Ltd shall deliver each real estate listed in the separate sheet 1 to the Plaintiffs.

2. The plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff B is the wife of the network K, and Plaintiff A, C, and D are children of the network K.

B. On December 31, 2002, the network K and B leased each of the instant real estate to Defendant F, and around that time, delivered each of the instant real estate to Defendant F.

After having entered into a multiple changes contract, on December 31, 2015, the network K and B: (a) concluded the following change contract to convert the lessee from Defendant F, E, and the above lease agreement to “Defendant F and Defendant E” (hereinafter “instant change contract”); and (b) delivered each of the instant real estate to Defendant E around that time.

Since then, Defendant E occupies and uses each of the instant real estate until now.

With respect to the real estate stated in the attached Form 1 of the instant change contract, a lease change contract shall be concluded as follows:

1. The term of lease shall expire on December 31, 2017;

2. The rent shall be KRW 9.7 million per month from January 1, 2016 to December 31, 2016; the rent shall be KRW 10 million per month from January 1, 2017 to December 31, 2017; and where the lease period is extended by one year after the expiration of the lease period, the rent per month shall be KRW 3% per year.

(Monthly rent shall be separate from value-added tax): Provided, That this shall not apply where mutual agreement is reached before the term of lease expires.

3. Where the monthly overdue interest rate is overdue, the overdue interest rate of 18% per annum shall be calculated by calculating the number of days, and the additional payment key shall be made.

Provided, That if the object of lease is in arrears for at least three months, the lessee shall not raise an objection even if the order of surrender is executed for the object of lease.

4. The lessee’s change of Defendant F to Defendant F and Defendant E, and the lease deposit amount of KRW 100 million and the lease contract automatically succeed.

A lessor: A lessee of the network K and B before the change: Defendant F and E

C. Defendant E is the 1st unit of the real estate listed in attached Form 1(2) (hereinafter “instant building”) and the 1st unit of the drawings indicated in attached Form 1(2).

유사 판례

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-서울중앙지방법원 2013.02.07 2012가합13083

-서울동부지방법원 2016.02.04 2015가단2813

-부산지방법원 2019.09.26 2018가단318439