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(영문) 수원지방법원안양지원 2015.06.26 2014가합739

관리비 등

Text

1. The Defendants shall pay to each of the Plaintiffs the full amount of KRW 32,103,628 and each of the above amounts from May 1, 2014.

Reasons

1. Basic facts

A. The Plaintiffs own 1/6 shares of each of the 1/6 shares in the real estate indicated in the separate sheet (hereinafter “instant real estate”).

On July 12, 2008, the Plaintiffs concluded a lease agreement (hereinafter “the lease agreement in this case”) with the following terms: (a) the Defendants and the instant real estate amounting to KRW 200,00,000; (b) the monthly rent of KRW 13,50,000 (excluding value-added tax); (c) from July 20, 2008 to July 19, 2009; and (d) the lease agreement with the following terms: (a) from July 20, 2008, the Plaintiffs concluded a lease agreement to the effect that the lessee bears the burden of imposing taxes, public charges, and management expenses imposed as the lessee’

B. The Defendants occupied the instant real estate upon delivery and had J around September 2010 operate an entertainment tavern with the trade name “K” in the instant real estate (hereinafter “instant entertainment tavern”).

C. Regarding the instant entertainment tavern business, KRW 76,863,940 was imposed on the Plaintiffs as property tax in 2013, and the Defendants did not pay KRW 107,116,520 for management expenses until August 2013 and KRW 8,641,310 for electricity charges.

Meanwhile, on the grounds that the Defendants were in arrears with two or more occasions, the Plaintiffs terminated the instant lease agreement against the Defendants and J. The Plaintiffs filed a lawsuit seeking unjust enrichment (U.S. District Court Decision 2013Kadan20012) by the time when surrender was completed. On February 20, 2014, the Plaintiffs received a favorable judgment against the Plaintiff, and the said judgment became final and conclusive on March 14, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was terminated due to the Defendants’ delay of rent, and the tax and unpaid management expenses and electricity charges incurred from the business of the instant entertainment tavern should be borne by the Defendants. Thus, the Defendants are liable to the Plaintiffs, respectively.