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(영문) 서울남부지방법원 2016.08.25 2015가합4178

차임등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On March 2005, the Plaintiffs purchased each 1/2 shares of the “Eel” located in Jincheon-do, Jincheon-do (hereinafter “instant real estate”) and completed the registration of ownership transfer.

The Plaintiffs entered into a contract with F, G (hereinafter “F, etc.”) on September 1, 2005 to exchange the said real estate with “H” building owned by F, etc., and transferred the right to dispose of the said real estate to F, etc.

On November 29, 2008, F et al. entered into a lease agreement with the Defendant on the said real estate (hereinafter “instant lease agreement”) with a lessor of KRW 10 million monthly rent, and KRW 100 million deposit, and the Defendant operated Eelher from around that time.

As the subject matter of the exchange contract was modified on October 18, 2012, the Plaintiffs recovered the right to dispose of the instant real estate, and the Defendant continued to operate the Maurel even thereafter.

The Plaintiffs sold the said real estate to I on October 8, 2013, and completed the registration of ownership transfer on November 19, 2013.

[Grounds] Facts without dispute, Gap's evidence Nos. 1 through 5 and Eul's evidence Nos. 1 through 5, and the plaintiffs asserted in the purport of the whole pleadings as co-owners of the real estate of this case, succeeded to the status of a lessor under the lease agreement of this case on or around October 2012, and the defendant is obligated to pay the plaintiffs a total of KRW 164,024,270 for the rent and electricity charges accrued from October 2012 to February 2014, and even if the above contract is not recognized, the defendant is obligated to return unjust enrichment equivalent to the rent.

The defendant did not enter into a lease agreement with the plaintiffs, and even if the lease relationship is recognized, the plaintiff shall pay to the defendant the amount of KRW 130 million on May 2014, since the plaintiffs paid only interest on the loan that they received as security and requested that they continue to conduct business, and therefore the rent shall be limited to the above interest amount, and the plaintiff shall pay the amount of KRW 130 million to the defendant.