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(영문) 서울북부지방법원 2015.10.07 2015가단103170

건물명도

Text

1. The Plaintiff:

A. The Defendants are each indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the separate sheet.

Reasons

On November 10, 2010, the Plaintiff entered into a lease contract with Defendant B by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 1650,00 (including value-added tax), and KRW 1650,000,000 for the leased property on the ship connected each point of KRW 1,2,3,4, and 144 square meters of the attached drawings among the 1st floor listed in the attached list owned by E and his/her owner (hereinafter “instant building”). The Plaintiff operated a restaurant in the instant building; the Plaintiff agreed to transfer the above restaurant business license of KRW 190,000,000 to Defendant B around October 2014; Defendant B did not receive the instant restaurant from the Plaintiff and paid the rent of KRW 165,00,000 to the Plaintiff, or Defendant B did not pay the rent of KRW 165,50,000 for each of the instant buildings to the Plaintiff pursuant to the purport of the entire agreement with Defendant D and the Plaintiff.

According to the above facts, the plaintiff who terminated the sub-lease contract through the delivery of the copy of the complaint of this case, and the defendants are obligated to deliver the building of this case, and the defendant Eul is obligated to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 1,650,00 per month from May 8, 2015, the delivery date of the complaint of this case to the delivery date of the building of this case.

Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.