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(영문) 인천지방법원 2015.05.29 2014나9328

건물명도 등

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. Basic facts

A. On December 15, 2010, the Plaintiff entered into a lease agreement with Defendant B to lease KRW 10 million, monthly rent of KRW 80,000 (the 15th day of each payment date), and December 15, 2011 (hereinafter “instant lease agreement”) with Defendant B, and then deliver the instant building to the Defendant B after receiving KRW 10,000,000 from Defendant B the lease deposit amount of KRW 10,000 from Defendant B.

B. Since then, Defendant B retired from the instant building in the name of “F” with Defendant C, and Defendant C continued to operate the said real estate brokerage business in the instant building.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Defendant B subleted the instant building to Defendant C without permission, and thereafter Defendant C occupied and used the instant building. The Plaintiff and the Defendants agreed to raise KRW 900,000 from January 201 to August 201, while extending the term of lease on December 2011. However, the Defendants paid the Plaintiff the monthly rent from January 201 to August 2012, 201, excluding partial unpaid portion, but did not entirely pay the monthly rent after September 2012. Accordingly, the Plaintiff terminated the instant lease agreement on February 2013 and received the instant building from the Defendants from October 15, 2013.

3) Therefore, the Defendants jointly and severally and severally pay to the Plaintiff the sum of KRW 4.7 million [2 million = [the sum of monthly rents from January 2, 2011 to December 2011 + KRW 9.6 million + the sum of monthly rents from January 1, 2011 to October 2013 + KRW 19.8 million (22%)-14.7 million (the sum of monthly rents paid by the Defendants to the Plaintiff from January 201 to August 2012) and delay damages.