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(영문) 서울중앙지방법원 2018.08.14 2017가단5232566
건물명도(인도)
Text

1. For the plaintiffs:

A. The Defendants jointly deliver the buildings listed in the separate sheet;

B. Defendant D, Inc.

Reasons

1. Basic facts

A. As to the building indicated in the separate sheet (hereinafter “instant building”), Plaintiff C completed the registration of ownership transfer on January 11, 1990, Plaintiff A, and B, respectively, on May 8, 2013.

B. Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E Co., Ltd. (hereinafter “Defendant E”) are corporations engaged in software development business, electronic commerce business, etc., and all of them are operated by I, an internal director. The instant building was leased to the Plaintiffs in order to operate the “J” taking pictures of the arche photograph, stone photograph, etc.

C. On November 5, 2013, the Plaintiffs, Defendant D, and E entered into a lease agreement with Defendant D to lease the second floor of the instant building with the lease deposit of KRW 50 million, monthly rent of KRW 8 million, Defendant E’s underground floor and the first floor of the instant building with the lease deposit of KRW 50 million, and the lease period of the instant building with the lease agreement of KRW 2 years from November 5, 2013 to November 4, 2015, respectively. This was renewed until November 4, 2017.

On July 10, 2015, Defendant F Co., Ltd. (hereinafter “Defendant F”) was the former lessee who borrowed the first floor of the instant building from Defendant E, and Defendant E, the lessee, agreed with the Plaintiff to withdraw at the time of the expiration of the contract.

E. From January 5, 2017 (from January 5, 2017 to February 4, 2017), Defendant D did not pay an amount of eight million won per month for the period from October 2017 (from October 5, 2017 to November 4, 2017), which is the expiration date of the lease agreement.

On July 3, 2017, the Plaintiffs notified Defendant D and E of the intent to terminate the lease agreement due to the delay of rent, and served the Defendants on July 5, 2017.

F. On November 7, 2017, I undertakes to leave the instant building within one month as the lessee of the instant building, and to bear all civil and criminal responsibilities related to Defendant E and D with respect to the instant lease agreement.

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