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(영문) 서울남부지방법원 2018.06.05 2015가단28429

건물인도 등

Text

1. Defendant C’s KRW 20,626,660 as well as 5% per annum from January 17, 2018 to June 5, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list.

On November 17, 2010, Asian Trust Co., Ltd., a trustee of the Plaintiff, leased ten billion won (2 billion won on the date of the contract, and eight billion won on the date of the completion of the object) to the CK Group, Co., Ltd. (hereinafter referred to as the “CK Group”) on a ten-year lease deposit (2 billion won on the date of the contract, and on April 18, 2012, the tenant status was succeeded to CKdong Co., Ltd. (hereinafter referred to as the “CKdong”).

As the Plaintiff did not pay part of the deposit, the Plaintiff terminated the above lease agreement on January 27, 2014.

B. On April 8, 2014, Defendant B set 1301 among the instant buildings as deposit money of KRW 20,000,000, monthly rent of KRW 1,100,000, and period of lease of KRW 24 months from April 27, 2014.

The plaintiff consented to the sub-lease.

Defendant B did not pay monthly taxes from April 27, 2014, and possessed the above 1301 until October 30, 2015.

C. On February 13, 2014, Defendant C set 1402 units of the instant building from CK group as deposit 15,000,000, monthly rent of KRW 800,000, and period of lease from March 1, 2014 to February 28, 2015.

The plaintiff consented to the sub-lease.

Defendant C did not pay monthly taxes from May 1, 2014, and possessed the above No. 1402 until January 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. If the leased object is sub-leased with the consent of the lessor, the sub-lessee assumes the obligations directly to the lessor. As such, the Defendants calculated by the ratio of KRW 19,946,660 per month from April 27, 2014 to October 30, 2015, as calculated by the ratio of KRW 1100,000 per month from April 27, 2014 to October 30, 2015, and Defendant C: from May 1, 2014 to January 16, 2018.