건물명도 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. D leased Defendant B a unit E (hereinafter “E”) No. 241 of the 2nd floor No. 9.5875 square meters (hereinafter “instant store”) of the building in Ansan-si, Ansan-si (hereinafter “E building”).
However, without the consent of D, Defendant B subleted the instant store to Defendant C without the lessor’s consent.
B. The Plaintiff becomes the owner of the instant store and succeeded to D’s lessor status.
Accordingly, the Plaintiff terminated the above lease agreement on the grounds of Defendant B’s unauthorized lease, which is the lessee, and the Defendants stated that “the Plaintiff would operate a real estate brokerage office in the instant store, and until June 30, 2015, deliver the instant store to the Plaintiff.”
C. However, as the lessee of the instant store, Defendant C and the lessee, the direct occupant, the Defendant B, the indirect occupant, delivered the instant store to the Plaintiff on November 30, 2015.
Therefore, the Defendants should pay 15,00,000 won (the estimated monthly profit of 3,00,000,000 x 5 months) for damages equivalent to the business losses caused by the failure to operate the real estate brokerage office jointly and severally to the Plaintiff.
2. Determination
A. Recognizing that the former lessee and the occupant of the instant store were the Defendants, the following facts are recognized in full view of the entries in the evidence Nos. 3-8, 14, Eul Nos. 1 and 2, and the purport of the entire pleadings and the testimony of the witness D. On November 22, 2011, Defendant C agreed to extend the lease agreement (hereinafter “instant lease agreement”) by the management body of the building E, including the instant store, to KRW 4,000,000, KRW 15,000 per rent (including management expenses, monthly rent, KRW 1,862,540), the lease term of KRW 15,00 per rent (including management expenses, monthly rent, KRW 1,862,540), and the lessor’s explanation of the lessor’s intention to cancel the lease agreement or the lessee’s expression of intention to cancel the lease agreement (hereinafter “the instant lease agreement”).
The lease contract of this case includes the number of second floor units, owners, store size, and monthly rent per store of the E building.