(영문) 서울동부지방법원 2021.02.26 2019가단152556

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(영문) 서울동부지방법원 2021.02.26 2019가단152556

손해배상(기)

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1. For the plaintiffs:

A. Defendant D Co., Ltd shall deliver the real estate listed in the separate sheet;

B. Defendant D.

Reasons

1. The parties' assertion

A. On July 8, 2016, the Plaintiffs alleged the Plaintiffs and the Defendant Company concluded a partnership agreement with the Plaintiffs and the Defendant Company to provide joint office rental services on the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant real estate”) and to have half of their profits.

Accordingly, the Defendant Company: (a) leased the instant real estate owned by the Plaintiffs from the Plaintiff to the Plaintiff and run a business such as holding office for a third party; (b) the Defendant Company did not settle profits; and (c) the Plaintiff Company was dissolved on August 14, 2019.

Therefore, since Defendant Company did not have any title to possess the instant real estate but thereafter possessed the instant real estate owned by the Plaintiffs since its dissolution, Defendant Company is obligated to deliver the instant real estate to the Plaintiffs, who are the owners of the instant real estate, and to pay the amount calculated by the rate of KRW 7,887,50 per month, which is the rent for the instant real estate from August 15, 2019 to the completion of its delivery, as unjust profits.

In addition, Defendant E, the representative of the Defendant Company, is a person who has formed and maintained the illegal possession of the Defendant Company intentionally or by negligence. As such, Defendant E, jointly with the Defendant Company, is obligated to pay the amount calculated by the rate of KRW 7,887,500 per month, which is the amount equivalent to the rent of the instant real estate, from August 15, 2019 to the completion of the instant real estate.

B. The name of the Defendants’ assertion on the instant real estate is merely the Plaintiff in form, and the instant real estate is a partnership property under the partnership business agreement between the Plaintiffs and the Defendant Company, and only the liquidation procedure following the dissolution of the said association remains.

Therefore, the lawsuit of this case under the premise that the real estate of this case is the plaintiffs' lawsuit shall be dismissed.

2. Determination

A. Relevant legal principles.

유사 판례

-서울중앙지방법원 2017.04.26 2014가합551176

-서울고등법원 2018.01.12 2017나2048872

-수원지방법원성남지원 2019.11.26 2018가단231788

-청주지방법원 2019.12.11 2019가단25950

-서울서부지방법원 2017.06.15 2016가단231825