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(영문) 서울중앙지방법원 2017.01.10 2016가단5201305
인도 등
Text

1. The Defendants jointly do so to the Plaintiff

A. The store of 15.63 square meters is located in Seocho-gu Seoul Metropolitan Government and one parcel, the first floor of 22 square meters.

Reasons

1. Facts of recognition;

A. On August 11, 201, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 10,000,000 from August 11, 201 to August 10, 201 as the lease deposit amount of KRW 15.63 square meters for stores 22, 15.63 square meters for the first floor in Seocho-gu Seoul and one parcel (hereinafter “instant store”). The Plaintiff entered into a lease agreement with the said Defendant by setting the lease deposit amount of KRW 10,000 from August 11, 2011 to August 10, 201, and KRW 450,000

Defendant B’s husband E is the representative director of Defendant C, and is engaged in the business of the above company at the instant store.

B. While the above lease contract was renewed on April 25, 2016, the Plaintiff notified Defendant B of the purport that the instant lease contract was terminated on August 10, 2016, and that the delivery of the instant store was received.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The instant lease agreement was terminated on August 10, 2016 due to the Plaintiff’s notice of refusal to renew the contract regarding the cause of the claim.

Defendant B is a lessee of the instant store, and Defendant C is jointly liable to deliver the instant store to the Plaintiff as a user of the instant store, and to return unjust enrichment equivalent to the monthly rent from August 11, 2016 to the completion date of delivery.

3. Judgment on the defendants' assertion

A. The Defendants asserted that, since the Plaintiff interfered with the collection of the premium of Defendant B, the Plaintiff is obligated to pay the premium to Defendant B, and that the Plaintiff cannot deliver the instant store before the payment is made.

B. At the time of the conclusion of the instant lease agreement, Defendant B agreed to the special agreement that “The store shall be returned to the lessor upon the expiration of the contract and the sublease and premium shall not be recognized in entirety.”

(A) The plaintiff is running a business on bail in neighboring commercial buildings. Since the rebuilding between the above commercial buildings is expected to take place, the plaintiff's relocation to the store of this case to the store of this case is inevitable.

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