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(영문) 서울북부지방법원 2016.12.15 2015가단148753
부당이득금
Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount from October 14, 2016 to October 2016.

Reasons

1. The following facts can be acknowledged in full view of each description of Gap evidence of 1 to 4 (including all of the serial numbers), Eul evidence of 1 and 2, and the purport of all the arguments, and each description of Eul evidence of 4, 9, 10, and 17 is insufficient to reverse it and there is no other counter-proof.

The Plaintiffs are sectional owners holding each of the instant stores (hereinafter collectively referred to as “each of the instant units”) as indicated in the separate-owned stores listed in attached Table 1, among the four-story 1896 square meters of “O” (hereinafter referred to as “the instant commercial buildings”), which is an apartment building in Dongdaemun-gu Seoul, Seoul, and delegated the O management body with all of the authority regarding each of the units of this case, including the conclusion and termination of a lease agreement.

B. On June 8, 2007, P, the Defendant’s wife, entered into a contract with the O management body on the lease of KRW 150,000 per each unit of the monthly rent (excluding value-added tax), KRW 80,000 per each unit of the instant commercial building (excluding value-added tax), KRW 36 months from the date of ordering the instant commercial building during the lease period, and KRW 36 months from the date of ordering the instant commercial building, and was handed over the instant commercial building on October 207.

The defendant, while actually occupying and using the commercial building of this case, remodeled it to another person and sublet it to a call text operation store, etc. due to unauthorized remodeling, there has been conflict with the O management body as the enforcement fine was imposed along with the restoration order from the competent administrative office.

C. Meanwhile, on September 9, 2010, prior to the expiration of the lease term, P notified the management body of the purport that the instant lease contract will be terminated without renewal on October 2010, which is one month prior to the expiration of the lease term. On September 15, 2010, P responded to P to the following: (a) the management body terminated the lease contract on October 31, 2010 as required by P; and (b) deliver the instant commercial building by November 1, 2010.

Nevertheless, it is not possible.

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