(영문) 서울남부지방법원 2018.12.11 2018가단226231

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Reasons

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(영문) 서울남부지방법원 2018.12.11 2018가단226231

건물명도(인도)

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1. The Defendants jointly do so to the Plaintiff:

A. Attached Table 1 at the same time with payment of KRW 25,00,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff leased C points in Geumcheon-gu Seoul Metropolitan Government (hereinafter “C points”) from the National Bank of Korea.

B. On August 3, 2009, the Plaintiff entered into a sub-lease contract with Defendant Sstoland (hereinafter “Defendant Company”) on the portion of 192 square meters on the ship (a) connected in sequence with each of the real estate listed in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1, among the real estate listed in the separate sheet No. 1, and then renewed the sub-lease contract as the Defendants jointly become a lessee on March 1, 2013. On March 1, 2017, the Plaintiff renewed the sub-lease contract by setting the 11.5% of the net sales of the month and the 11.5% of the monthly rent from March 1, 2017 to February 28, 2018.

C. At the time of the sublease contract, the Plaintiff and the Defendants entered into a special agreement as follows:

5. In calculating unjust enrichment equivalent to the monthly rent due to the termination of this contract, the monthly rent shall be the average monthly rent for one year before the end of the contract and the average monthly rent for three months before the end of the contract, whichever is lower;

Provided, That if the actual period of lease is less than one year, the average monthly rent for the relevant period shall be deemed the monthly rent for one year, and if it is less than three months, the average monthly rent for the relevant period shall be applied as it is.

This is the calculation amount of unjust enrichment, and it is not considered as an estimate of damages.

The expiration date of the instant sub-lease contract was February 28, 2018, and the Plaintiff notified the Defendants of their intent to refuse to renew the contract two times on January 26, 2018 and February 6, 2018.

The instant sub-lease contract terminated on February 28, 2018, and the Plaintiff received monthly rent fees from the Defendants during one year prior to the end of the contract, are as follows:

Accordingly, the monthly sublease fee of 3,315,460 won per year before the end of the sub-lease contract of this case, and the average monthly sublease fee of 3,305,445 won per month for three months before the end of the sub-lease contract of this case.

A. Sublets A. 6

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