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(영문) 광주지방법원 2017.08.24 2017가합52196
건물
Text

1. The defendant shall leave from each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. (1) A (the inside director of the Defendant’s representative) entered into a lease agreement with D, around October 22, 2012, that sets forth and leases each real estate listed in the separate sheet from D (hereinafter “instant real estate”) from December 4, 2012 to December 24, 2012, the lease deposit amount of KRW 150 million, monthly rent of KRW 4.8 million, and paid KRW 150 million to D.

(2) Thereafter, around December 29, 2015, C entered into a lease agreement with D (hereinafter “instant lease agreement”) with the content that C leases the instant real estate from D as a lease term of 12 months from December 4, 2015, a lease deposit of 150 million won, a monthly rent of 4.8 million won (excluding value-added tax).

B. (1) The Plaintiff purchased the instant real estate from D on April 22, 2016, and completed the registration of ownership transfer on May 16, 2016.

(2) On May 24, 2016, the Plaintiff notified C of the fact that the Plaintiff succeeded to a lessor’s status under the instant lease agreement and notified C of the transfer of the instant real estate to the Plaintiff by November 30, 2016. ② around June 14, 2016, notified C of the payment of the rent under the lease agreement by July 31, 2016, and ③ around August 3, 2016, notified C of the termination of the instant lease on the grounds that the rent was unpaid from May 5, 2016.

(3) On July 6, 2017, the Plaintiff filed a lawsuit against C, the lessee, claiming for the delivery and unpaid rent of the instant real estate, as the court 2016Gahap1832, and received the remainder of the amount calculated by deducting the unpaid rent and unjust enrichment calculated at the rate of KRW 4.8 million from May 5, 2016 to the completion date of delivery of the instant real estate from the Plaintiff’s KRW 150 million.

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