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(영문) 서울동부지방법원 2017.02.14 2016가단134526

사용료

Text

1. The Defendant’s KRW 16,141,560 to the Plaintiff and the Plaintiff’s annual rate of KRW 5% from July 31, 2016 to February 14, 2017.

Reasons

1. Determination on the cause of the claim

A. 1) In full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 5, the part of the claim for the sublease of the rent in arrears 1) No dispute between the parties, or in full view of the purport of the entire pleadings, C is deemed to be the real estate of Seongdong-gu Seoul Metropolitan Government 642m

A) The owner of the instant real estate entered into a lease agreement with E with the Defendant on May 11, 2015, and E again entered into a sub-lease agreement with the Defendant on the grounds of deposit five million won. The Plaintiff entered into a sub-lease agreement with E on October 30, 2014 with the Plaintiff on the acquisition or transfer of the instant real estate by transfer of the business, including all business rights of the sub-lease business to the instant real estate and the obligation to refund the sublease deposit to the Defendant who is the lessee of the instant real estate. On November 4, 2014, the Plaintiff obtained consent from C on the sub-lease of the instant real estate from the Plaintiff on May 11, 2015, the Defendant and the Defendant agreed on the sub-lease of the instant real estate from the Plaintiff on May 11, 2015, the amount of the sub-lease deposit KRW 5 million, the monthly lease deposit (value added tax), and the amount of sub-lease agreement between December 26, 2014 to 36 months.

A) The facts that the Defendant entered into a contract. The Defendant may recognize the fact of delinquency in the rent equivalent to KRW 16,141,560 as of July 30, 2016. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the said rent of KRW 16,141,560 and the damages for delay thereof. 2) As to this, the Defendant became aware of the fact that the land owned by an individual with a right of lease out of the area used before and after the Plaintiff’s transfer of real estate from E was about KRW 147 square meters, and the remainder of KRW 183 square meters was a river site, and the Plaintiff obtained permission for occupancy and use of the river site after the rent of KRW 50,000 among the Plaintiff.