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(영문) 서울중앙지방법원 2019.01.24 2016가단5292592

임차권 확인의 소

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 2014, the Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 57 million, monthly rent, and KRW 1750,000 as one year from the date of delivery of real estate, and paid KRW 57,00,000 as security deposit.

On July 2015, the Plaintiff, at the Defendant’s request, decided to increase the deposit to two times for the reason that the real estate was not transferred, entered into a lease agreement with KRW 114 million as the monthly rent and KRW 1750,000 as the monthly rent and KRW 1750,000 as the date of delivery of the real estate, and paid KRW 57,00,000 as the increased deposit on July 10, 2014.

(hereinafter “instant lease agreement”). The Defendant permitted the sub-lease to the Plaintiff. On January 6, 2015, the Plaintiff entered into a sub-lease agreement with the sub-lessee D and E and received the instant real estate by means of possession amendment.

Therefore, the instant lease agreement between the Plaintiff and the Defendant was stipulated from January 6, 2015 to January 5, 2016, and thereafter, the instant lease agreement was renewed two times to January 6, 2018 pursuant to the renewal clause of the Commercial Building Lease Protection Act.

However, the defendant denies the right of lease of the plaintiff and directly received rent from around October 2015 to the sub-lessee and interfere with the plaintiff's act of receiving rent from the sub-lessee.

Therefore, the Plaintiff’s primary claim confirms that the right of lease stated in the purport of the claim is the Plaintiff, the return of unjust enrichment, or the claim for damages due to a tort. From October 2015 to February 17, 2017, the Plaintiff seeks payment of the remainder, 3,825 won (=2 million won - 1750,000 won) x 17 months, excluding the difference that the Plaintiff would pay to the Defendant, among the amounts received from the former lessee, during the period from October 2015 to February 2017.