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(영문) 서울남부지방법원 2020.06.05 2020가단2469

건물명도 등

Text

1. For the plaintiffs:

A. The Defendants deliver each real estate listed in the separate sheet;

B. Defendant C shall be KRW 44,802,686.

Reasons

On May 30, 2018, the Plaintiffs: (a) each real estate listed in the separate list owned by the Plaintiffs (hereinafter collectively referred to as “instant store”); (b) deposited KRW 50,00,000, monthly rent KRW 3,850,000 (including value-added tax); (c) the separate management expenses; and (d) the separate period from June 19, 2018 to June 19, 2020; (b) Defendant D, the agent agent of the instant store, the Plaintiffs received the deposit and delivered the instant store, and operated the restaurant at the instant store; (c) Defendant C did not pay nine months for the period of use from February 19, 2019 to November 18, 2019; and (d) the Plaintiffs did not have any dispute with Defendant C’s notice of termination of the lease on November 25, 2019; or (d) the Defendants did not use the aforementioned evidence as the whole; and (d) Defendant C did not use the Defendant C’s evidence No. 13.

According to the above facts, the lease on November 27, 2019, which can be deemed to have reached Defendant C, should be deemed to have been lawfully terminated.

Therefore, Defendant C, as a lessee, is obligated to deliver the instant store to the Plaintiffs as an occupant.

In addition, Defendant C is obligated to pay to the Plaintiffs the rent for the period of use from February 19, 2019 to December 31, 2019, or the considerable unlawful gains of KRW 40,114,516,3850,000 x 10/310 x 13/31) x 40,114,516 x and December 31, 2019.

On the other hand, by November 27, 2019, the defendant C bears the obligation to pay the rent and management fee as a tenant until the lease remains in existence, and the defendant D has no obligation to pay the rent and management fee for the period.

Defendant D is equivalent to the rent and management fee for the period of use from November 28, 2019 to December 31, 2019.