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(영문) 서울중앙지방법원 2020.06.09 2019가단5083621

건물명도(인도)

Text

1. Defendant D Co., Ltd. shall pay to the Plaintiffs KRW 17,675,483 as well as the interest rate from April 21, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On December 12, 2017, the Plaintiffs respectively leased all the fourth floor of the building indicated in the separate sheet (hereinafter referred to as “instant building”) owned by Defendant D with the term of lease from December 18, 2017 to December 17, 2018, the lease deposit amount of KRW 40 million, monthly rent of KRW 4620,00 (including value-added tax), and the date of payment of rent of KRW 18,000,000,000,000 from December 18, 2017 to December 17, 2018.

(hereinafter “the lease of this case”). B.

After that, Defendant D subleted the building portion of this case to Nonparty I (which was changed to Defendant E) and the Deceased without compensation, and again, Defendant I sublet the building portion of this case to K corporation without compensation. The Deceased subleted the building portion of this case to Defendant F (J Co., Ltd. at the time) and the Deceased sublet it to K corporation without compensation.

The Plaintiffs agreed to all these contents.

On the other hand, the Deceased died on February 28, 2019, and Defendant E and F also terminated the possession and use of the instant building at that time.

The Plaintiffs asserted that Defendant E and Defendant F occupied and used the instant building portion by August 2, 2019, but there is no particular evidence to acknowledge it.

C. The lease of this case remains even after the original term of lease expires, and it terminated on March 18, 2019 due to Defendant D’s delinquency, and Defendant D completed delivery of the instant building portion to the Plaintiffs on August 2, 2019.

As of August 2, 2019, the unpaid rent or unjust enrichment amounting to the rent of Defendant D is KRW 57,675,483.

E. Defendant G, the sole heir of the Deceased, was qualified as a qualified acceptance on June 13, 2019.

(U) Sung-nam Branch of the District Court 2019 Doz. 200324). [Grounds for recognition: Facts without dispute, described in Gap evidence Nos. 1, 5, 6, and 12 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the claim against Defendant D, Defendant D is entitled to receive unfair gains equivalent to the remaining rent or rent from the Plaintiffs, 17,675,483 won = unpaid rent or unjust gains equivalent to the unpaid rent, 57,675,483 won.