(영문) 서울중앙지방법원 2014.08.29 2014가합8320

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(영문) 서울중앙지방법원 2014.08.29 2014가합8320

건물명도

Text

1. The defendant,

A. The real estate listed in the separate sheet No. 1 is handed over to Plaintiff A Co., Ltd., and is as from January 1, 2014.

Reasons

1. Basic facts

A. The sectional owners of the building E in Busan Northern-gu and three lots (hereinafter “instant commercial buildings”) promoted the sale of G stores operated by the Defendant under the direction of F, Co., Ltd. F, the largest share of the instant commercial buildings, in order to revitalize the business district of the instant commercial buildings.

B. On December 2, 2009, F Co., Ltd. entered into a memorandum of understanding with the Defendant that F Co., Ltd. and the Defendant entered into a lease contract with respect to the instant commercial area with the authority delegated by the sectional owners of the first and the sixth underground floor (hereinafter “instant commercial area”). Of the sectional owners of the instant commercial area, approximately 90% of the instant commercial areas agreed to enter into the lease contract in a lump sum, and submitted a letter of consent with the F Co., Ltd. to delegate all the authority relevant to the conclusion of the lease contract to F Co., Ltd.

C. On March 11, 2010, the sectional owners of the instant commercial area concluded a lease agreement between the Defendant and the Defendant to lease the instant commercial area by setting the lease term of ten years, lease deposit of five billion won, and monthly rent of three and a half percent (minimum of KRW 190,000,000, value added tax separate) (hereinafter “instant lease agreement”).

Around that time, the defendant received the commercial part of this case from the commercial part of this case and is currently in operation until now, and 3.5% of the defendant's sale does not exceed 190 million won.

The main contents of the instant lease agreement are as follows.

The preceding sentence

2. Matters pertaining to the conclusion of this Agreement and all legal and factual issues pertaining to the subject matter of this Agreement shall be consulted with the Defendant only through the agent of the Lessee, and as the owner of this leased object (or the person who has a legitimate right to lease), Party A directly deals with the Defendant in any matter pertaining to this Agreement (such as payment of security deposits, rent, etc.).

유사 판례

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