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(영문) 서울중앙지방법원 2017.09.12 2016가단150457
건물명도 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver the second floor part of the real estate listed in the attached list 223.83 square meters;

B. (i) 45,716.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a lease agreement with the Plaintiff on October 26, 2015, and the part of 223.83 square meters of the second floor among the real estate listed in the attached Table (hereinafter “the instant building part”) on which the lease deposit was KRW 30,000,000, monthly rent of KRW 3,500,000, monthly rent of KRW 20,000, monthly rent of KRW 20,000, monthly rental fees, management fees, rental fees, and overdue management fees, and the period of the lease agreement between November 1, 2015 and October 31, 2016, the Plaintiff entered into a lease agreement with the said Defendant.

(hereinafter “instant lease agreement”). The Plaintiff owns 1/2 shares of real estate listed in the attached Table.

B. Defendant C’s joint possession of the instant building was handed over and occupied by Defendant C, and Defendant C (hereinafter “Defendant C”) also occupied and used the instant building part jointly from that time.

C. Defendant B, who did not pay rent and management fee, did not pay rent and management fee after September 1, 2016.

As of June 30, 2017, the sum of the amounts in arrears by the above defendant is KRW 45,716,734, and the details are as shown in the corresponding column of the attached Table of "Account of Rent for Refund" (hereinafter referred to as the "instant Table").

On December 2, 2016, the Plaintiff notified Defendant B of the termination of the instant lease contract as the overdue rent and management fee did not pay for the remainder of three months. At that time, the said notification reached the Defendant.

[Recognition] Facts without dispute, Gap 1-13 evidence (including the whole number), the purport of the whole pleadings

2. Determination as to the cause of action

A. (i) Defendant B did not pay more than three rents and management expenses, and the Plaintiff notified the above Defendant that the contract will be terminated, and the instant lease agreement was terminated.

Defendant B, a lessee, shall recover from the Plaintiff, a lessor, the termination of the instant lease agreement and return the amount of unjust enrichment equivalent to the rent.

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