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Reasons
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(영문) 서울중앙지방법원 2014.06.20 2013가단176274
건물명도
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1. The Plaintiff:

A. Defendant B indicated in the separate sheet No. 33, 34, 35, 36, 37, 38, among the ground floors of the building listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff leased the first floor and the second floor (hereinafter “instant building”) among the buildings listed in the attached list to Defendant B as follows.

5 years on December 30, 2012, 275,000,000 won 8,800,000,000 won on June 30, 2012, 30 June 30, 2012, 1,980,000 won (the payment of management expenses, including KRW 100,000,000) for monthly rent (including value-added tax) for the lease property; five years on December 30, 2012

B. After leasing the instant building from the Plaintiff, Defendant B subleted Defendant B to Defendant 2 through 11 with the Plaintiff’s consent, and Defendant 12 to Defendant 12.

Defendant 12 transferred part of his own possession to Defendant 13 through 18 without the Plaintiff’s consent.

C. Defendant B paid to the Plaintiff KRW 9,350,000 on January 31, 2013, and paid all the rent for the first floor up to December 2012, 2012. Defendant B paid KRW 2,080,000 on January 31, 2013 and paid all the rent for the second floor up to November 2012.

Defendant B subsequently remitted to the Plaintiff KRW 8,80,000 on March 4, 2013, ② KRW 2,080,000 on April 1, 2013, ③ April 26, 2013, ④ KRW 4,160,000 on May 3, 2013, and ⑤ KRW 17,60,00 on May 7, 2013.

E. On May 6, 2013, the Plaintiff notified Defendant B of the termination of each of the instant lease agreement on the ground of the annual delay in March and April 2013 with content certification.

The above notification was reached 15:02 on the same day to Defendant B.

[Basis] Facts without dispute, Gap evidence 4-1, 2, Gap evidence 6-1, Gap evidence 7-1, Gap evidence 8-1, 2, Eul evidence 5, 6, Eul evidence 11-7, and the purport of the whole pleadings

2. There is no dispute between the parties regarding the fact that: (a) Defendant B remitted a judgment on the claim for partial extradition of the first floor and deduction of unjust enrichment; (b) KRW 8,800,000 on March 4, 2013; and (c) KRW 8,800,000 on April 26, 2013, which was paid and appropriated as a rent for the first floor.

Defendant B paid the rent of KRW 2,080,000 as to the first floor, which was remitted on April 1, 2013, as such, the Plaintiff.

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