logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.02.14 2018가합24855
건물명도(인도)
Text

1. The Defendant (Counterclaim Defendant) indicated the attached Form No. 1, 2, 3 among the real estate listed in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

Basic Facts

C Co., Ltd. (hereinafter “C”) purchased the entire building of Dongdaemun-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant building”) on May 10, 2013, and completed the registration of ownership transfer on May 15, 2013.

C sold the instant building to E Co., Ltd. on November 19, 2014, and leased the instant building from E Co., Ltd. on the same day by setting the lease period of 15 years.

On May 15, 2013, the Plaintiff (hereinafter “Plaintiffs”) leased the instant building from C with a period of 15 years fixed from May 15, 2013. From November 19, 2014, the said lease relationship was converted into a sub-lease relationship as the owner of the instant building changes.

On January 17, 2013, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 20,00,000, monthly rent of KRW 5,00,00 (excluding value-added tax) and the lease term of KRW 5,00,00 (excluding value-added tax) with each of the following terms (hereinafter referred to as “instant lease contract”) among the real estate listed in the attached list as indicated in the attached list from January 17, 2013 to January 16, 2016.

On March 1, 2014, the Plaintiff and the Defendant changed the “monthly rent” portion of the instant lease agreement into “payment of a certain percentage of the monthly total turnover by the Defendant as monthly rent.”

On January 7, 2016, the Plaintiff and the Defendant renewed the lease term of the instant lease by January 18, 2017, and renewed the lease term from January 12, 2017 to August 31, 2017 (hereinafter “instant renewal contract”).

On June 12, 2017, the Plaintiff sent to the Defendant a content-certified mail containing the purport that “the term of the instant lease cannot be extended, thus demanding the withdrawal of a store after the termination of the contract period,” and the Defendant continues to operate his/her business on August 17, 2017.

arrow