(영문) 서울중앙지방법원 2021.02.23 2020가단5148999

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(영문) 서울중앙지방법원 2021.02.23 2020가단5148999

건물명도 등 청구의 소

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1. The Defendants:

A. Attached Form

1. To deliver a building entered in the list;

(b)co-ordinate 139,365,892.

Reasons

Basic Facts

The Defendants agree to operate a restaurant jointly, and attached Form owned by the Plaintiffs on April 4, 2016.

1. The building indicated in the list (hereinafter “instant store”) entered into a lease agreement with the Plaintiffs with the terms of KRW 140,00,000, monthly rent of KRW 8,400,00 (a separate value-added tax, and payment of KRW 20,00 per month), management expenses monthly, KRW 1,724,400 (a separate public charge, such as value-added tax separate, water supply charges, electricity charges, purification of septic tanks, etc.), and the period from April 20, 2016 to April 19, 2021 (hereinafter “instant lease agreement”).

The Defendants paid the leased deposit and received the delivery of the instant store, and completed the registration of the Defendants’ joint business owner in the name of “G” and began to occupy and use the instant store for restaurant purposes.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, and the purport of the whole pleadings are asserted by the parties concerned. The defendants asserted that the lease contract was terminated due to the delay of rent while occupying and using the store of this case. Thus, the defendants are obligated to pay to the plaintiffs the amount of money equivalent to the occupancy and use fee (rent, management fee, management fee, etc.) by the date of the return of the store of this case.

Defendant F’s assertion by the Defendants: (a) terminated the partnership with Defendant E on March 1, 2020; and (b) returned the instant store to the Plaintiffs; and (c) since Defendant E, from August 24, 2020, occupied and used the instant store solely in the course of operating the restaurant in accordance with the agreement with the Plaintiffs, the Plaintiffs should settle the remainder after deducting the overdue rent from the leased deposit, etc. for three months, and return it to Defendant F.

There is no obligation to restore the original state to the Defendants, and there is no fact of the occurrence of the cost of restoration of the original state.

Management expenses shall be determined on the basis of actual expenses.

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