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(영문) 서울남부지방법원 2019.04.16 2018가단226613
건물명도(인도)
Text

1. The Defendants are jointly and severally liable to the Plaintiffs on the first floor of the real estate listed in the separate sheet, indicated in the separate sheet No. 1, 2, 3, 4, 1-1.

Reasons

1. Facts of recognition;

A. On May 27, 2016, G (Lessor) and the Defendants (Lessee) entered into a lease agreement with the owner of the real estate listed in the attached Form No. 1, 2, 3, 4, and 1 of the attached Form No. 46.5 square meters (hereinafter “instant commercial building”) for the lease period: from June 3, 2016 to June 2, 2018; the lease deposit amount: KRW 20 million; KRW 150,000 per month (excluding value-added tax).

(hereinafter referred to as “the instant lease agreement”). (b)

The Defendants were transferred on June 3, 2016, and have been occupied and used until now.

C. On April 7, 2017, the Plaintiffs succeeded to the status of a lessor by acquiring the ownership of the instant commercial building.

On March 14, 2018, the Plaintiffs sent to the Defendants a certificate to the effect that “The lease contract will be terminated on June 2, 2018, which is the expiration date of the lease term, and thus, the transfer of the instant commercial building would change upon the termination of the contract.”

[Ground of recognition] Unsatisfy, Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, since the instant lease contract was terminated on June 2, 2018, the Defendants are obligated to deliver the instant commercial building to the Plaintiffs and return the amount of unjust enrichment equivalent to the rent (including KRW 1650,000 per month and value added tax) from June 3, 2018 to the completion date of the delivery of the instant commercial building.

B. The summary of the Defendants’ assertion 1) is that the Defendants, while entering into the instant lease agreement, paid KRW 65 million to the former lessee. Around 40,000 won for premium to the former lessee, the said lease agreement was renewed for five years by the former lessor. The instant lease agreement was renewed. Even if not renewed, the Plaintiffs should compensate the Defendants for the premium and construction cost corresponding to the remainder of the lease period (three years).

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