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(영문) 제주지방법원 2016.05.17 2016가단522

건물명도등

Text

1. Defendant (Appointed Party) and Appointed Party D are jointly and severally liable to the Plaintiffs;

(a) each real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On October 18, 2010, the Plaintiffs prepared a lease agreement with the Appointor that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) shall be leased by setting the rent of KRW 20 million per annum and the lease period by December 31, 2015.

B. The Defendant (Appointed Party, hereinafter referred to as the Defendant) was the Defendant’s fraud of the Appointed Party D, and the Plaintiff’s dynamics of the Plaintiff. In fact, each of the instant real estate leased and operated a private house with the trade name “E” in each of the instant real estate.

C. On October 13, 201, the Defendant changed the rent of KRW 15 million to the Plaintiffs in 2011, year 2012, year 2013, year 2013, year 2014, year 2014, and year 20 million, respectively, and paid the rent by September 30 of each year, and if the Defendant fails to pay the rent by September 30 of each year, or if there is an agreement between the contracting parties, the lease agreement is terminated, and at the time of termination of the contract due to the unpaid rent, the Defendant drafted “written rejection of the implementation of the changes related to the lease agreement” with the content that the Defendant will transfer all the facilities, business expenses, etc. to the Plaintiffs.

The defendant did not pay the plaintiffs the annual rent of KRW 20 million in 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the lease contract for each of the instant real estate was terminated at the expiration of the period, the Defendant and the Appointed, who can be seen as the joint lessee of each of the instant real estate, are jointly and severally liable to deliver the instant real estate to the Plaintiff and pay the amount calculated by the ratio of the unpaid rent and the amount of unjust enrichment equivalent to the unpaid rent from January 1, 2015 to the completion date of delivery of each of the instant real estate, to KRW 20 million per annum.

3. On December 31, 2015, the defendant's judgment on the defendant's assertion is made against the plaintiff A and from the plaintiff A.