(영문) 서울중앙지방법원 2016.08.12 2015가단174289

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.08.12 2015가단174289

임대차보증금 및 임대료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 2, 6, 10, 11, 12, and 16.

The building of Jung-gu, Sungnam-si is the business facilities and sales facilities of the first underground floor and the 12th ground floor.

B. The first floor of C building is used as a sales facility, and was divided into 101 to 158 sections for exclusive use.

C. The Plaintiff divided ownership of 101 of the 1st floor and 216, 217, 222, 235, 236, and 239 of the 2nd floor of C building.

Of the sectional owners of the 102-157 of the 1st floor of the C building, the lessors of the instant building (hereinafter “the instant lessors”) delegated the Defendant, the representative of the 1st floor commercial building of the C building, to the Defendant on June 30, 2015, and entered into a lease agreement between the operator of the DMaart and the lessee on June 30, 2015, with a lease deposit of KRW 250,000,000 (excluding value-added tax), monthly rent of KRW 30,000 (excluding value-added tax), and from July 1, 2015 to June 30, 2020 (hereinafter “instant lease agreement”).

E. The Defendant, upon receiving remittance from the lessee of the instant lease agreement, distributed the amount according to the ratio of the section for exclusive use to the lessor of the instant lease.

2. The defendant's defense on the part of the landlord of this case is merely a conclusion of the lease contract of this case on behalf of the landlord of this case, and the rights and obligations, such as the deposit for lease and the receipt of rent arising from the lease contract of this case belong to the landlord of this case. Thus, the plaintiff's lawsuit of this case filed against himself, who is not a person liable for the refund of deposit for lease and rent under the lease contract of this case, is unlawful since the plaintiff's lawsuit of this case was filed against himself as a party who is not the defendant. However, in the lawsuit for performance, the person asserted as

3...

유사 판례

-의정부지방법원 2020.07.14 2019나209292

-서울중앙지방법원 2018.10.26 2018가합524134

-서울고등법원 2014.10.31 2013나2018750

-서울동부지방법원 2018.05.25 2017나2771

-부산지방법원 2016.06.30 2016가단308506