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Reasons
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(영문) 서울중앙지방법원 2016.09.07 2015가단68599
점포명도
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1. The Defendant shall deliver to the Plaintiff the real estate (No. 23, No. 23, No. 7.89 square meters) recorded in the list as shown in attached Table 1.

2. The costs of lawsuit shall be.

Reasons

1. The parties' assertion

A. On February 28, 2014, the Plaintiff: (a) determined the real estate listed in the [Attachment 1] List to the Defendant (hereinafter “instant store”); (b) the monthly rent of KRW 1480,000 and the unpaid time limit amount of KRW 2,80,000 to be paid by the Defendant.

Since the Defendant did not provide the time limit for the payment since December 2014, and did not pay the time limit for the payment after June 2015, the sub-lease contract is terminated and the store of this case is to be transferred.

B. Defendant 1 did not conclude a sublease contract with the Plaintiff.

(2) The time limit money shall be fully paid by January 18, 2013.

The payment of the time limit shall not be a ground for termination of the sub-lease contract.

2. Facts of recognition;

A. The Defendant’s store lease 1) The Defendant is operating the clothes shop in the instant store. The Defendant registered a business operator under the name of son, but reported the business closure on June 30, 2010, and registered a business operator under the name of son, other son. 2) The Defendant leased the instant store under the name of C from the former owner of the instant store, and E succeeded to the lease agreement after closing the registration of ownership transfer with respect to the instant store.

As the Defendant is in arrears, E filed a lawsuit against C seeking the delivery of the instant store (Seoul Central District Court 2013da223149) and was sentenced to a favorable judgment on January 10, 2014.

3) On February 28, 2014, the Defendant paid KRW 7.5 million in total to E, including overdue rents and litigation costs. (b) The Plaintiff is an agent. The Defendant is a member of the fraternity twice, and the Defendant joined the sequence of KRW 50 million organized by the Plaintiff, and was paid each fraternity on December 23, 2010 and July 25, 201.

2) On November 26, 2012, the Plaintiff lent KRW 10 million to the Defendant, and paid KRW 9 million after deducting a prior interest of KRW 1 million. 3) On May 2014, the Plaintiff drafted a camera for settlement with the Defendant (Evidence 14-1 of the Evidence A).

The plaintiff's total sum of KRW 50,350,000,000.

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