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(영문) 서울서부지방법원 2016.08.19 2015나37089
건물명도
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 26, 2005, the Plaintiff newly drafted a lease agreement (Evidence 1) with Defendant B by changing part of the first floor of the real estate listed in the attached Table 1, to KRW 6,000,000, monthly rent of KRW 450,000, monthly rent of KRW 550,000, March 24, 2008.

A lease contract was concluded from July 2005 to June 30, 2006. A lease contract was concluded between July 2005 and June 30, 2006. A lease contract was concluded between March 24, 2008 and March 31, 2009 to Defendant D with a deposit of KRW 6,000, monthly rent of KRW 550,000, monthly rent of KRW 550,00, monthly rent of KRW 50,000, and the lease period was from April 1, 2008 to March 31, 2009.

B. On March 31, 2015, the term of lease of each of the above lease agreements, which has been renewed several times with a duplicate of the complaint in this case, is terminated, and the Plaintiff notified that it would not renew it, and the Plaintiff served a duplicate of the complaint to the Defendants until February 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1-3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the Plaintiff’s cause of claim, the Defendants’ lease term was terminated on March 31, 2015, and the Defendants are obligated to deliver each leased building to the Plaintiff at the same time with the payment of deposit from the Plaintiff.

B. Defendant B’s assertion on Defendant B’s assertion on July 26, 2005, around July 26, 2005, paid 24 million won premium to the lessee E and acquired the right of lease.

However, since 2010, although it tried to transfer the right of lease to another person, it was not transferred by the plaintiff's non-cooperation, thereby resulting in the loss not to recover the premium.

Therefore, pursuant to Article 10-4 of the Commercial Building Lease Protection Act, the plaintiff is obligated to pay 24 million won to the defendant for damages.

In addition, since the above defendant paid 4.2 million won due to repair costs due to water leakage around July 2007, he/she shall exercise the right to claim reimbursement of beneficial costs.

Therefore, before receiving the above damages and beneficial expenses.

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