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(영문) 수원지방법원안양지원 2016.07.20 2016가단101950
원상회복 및 건물명도 등
Text

1. At KRW 46,782,620, Defendant B deducted the following money from the Plaintiff: (i) the remainder after deducting the money.

Reasons

1. A building listed in the attached list of basic facts (hereinafter “instant building”) is a postnatal care center facility.

The plaintiff is a co-owner of the above building.

On December 7, 2015, the Plaintiff entered into a lease agreement with the Plaintiff, lessee, Defendant B, security deposit of KRW 100 million, monthly rent of KRW 6.8 million, and the lease term of KRW 6.8 million on December 7, 2015 to December 6, 2017, respectively. The Defendant C signed the contract as the agent of Defendant B.

(hereinafter “instant lease agreement”). The Defendants are jointly registered as “D” with the said building’s location as the place of business.

On December 8, 2015, the Defendants were handed over the building and did not pay the rent at all. On January 29, 2016, the Defendants notified the Defendant B that the lease should be terminated unless the Plaintiff would pay the overdue rent within one week.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 5 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff leased the instant building to Defendant B, and the Defendant B occupied the said building together with the Defendant C who is a partner.

The Plaintiff terminated the lease agreement on the ground that the Defendants did not pay a car at all.

Therefore, the defendants are obligated to deliver the building to the plaintiff, and the defendant B is obligated to pay the rent and management fee in arrears.

B. Defendant B’s assertion 1) At the present, the instant building occupies the building without permission by Defendant C, and there is no relationship of possession between the Defendants, and thus, the Plaintiff’s claim for unjust enrichment after the delivery of the building and the termination of the lease contract against Defendant B is without merit. 2) Management expenses are merely obligated to pay them to the management office, and do not have any obligation

3. Defendant B may deliver a building to which KRW 100 million has been returned.

C. Defendant C’s assertion that Defendant C took over a postnatal care center from E and F, the former lessee, and Defendant C is with Defendant C.

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