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(영문) 부산지방법원동부지원 2016.10.12 2015가단21945
건물명도
Text

1. The Defendants jointly share KRW 2,372 with the Plaintiff as well as 5% per annum from May 12, 2016 to October 12, 2016.

Reasons

1. Basic facts

A. On May 6, 2013, the same lease agreement with regard to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was concluded twice as follows: (a) the lease deposit of the Plaintiff, the lease deposit of the Plaintiff KRW 30,000,000, monthly rent of KRW 1,800,000 (Additional Tax) and the lease term of KRW 1,80,000 (Additional Tax), from June 19, 2013 to June 18, 2016; (b) one copy is written by Defendant C as the lessee; and (c) the remainder is written by the Defendants as joint lessee.

B. On July 1, 2013, Defendant C completed its business registration with the trade name “D” having the instant real estate located at the place of business.

C. From October 19, 2014, the Plaintiff was not paid rent for the instant real estate from October 19, 2014, and was handed over on May 11, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 7-1, 2, Gap evidence 8, 10, Eul evidence 3, witness E's testimony, the party's personal examination result against defendant C of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into an initial lease agreement with Defendant C, but the Defendants operated the instant workplace as a Dong business.

In this regard, a lease agreement with the Defendants as joint lessee was concluded again.

From October 19, 2014, the Defendants were in arrears, and the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of the delinquency in rent.

Therefore, the instant lease agreement was terminated.

As such, the Defendants are obligated to pay the sum of KRW 4,154,505,00,00,000, which is the remainder after deducting KRW 30,000,000,00 from the said amount, from October 19, 2014, the delivery date of the instant real estate from May 11, 2016, and the unjust enrichment equivalent to the rent or the rent from May 11, 2016, and from August 25, 2015 to February 25, 2016, the Defendants are obligated to pay KRW 13,226,50,504 (=39,071,99, + 4,154,505,000).

B. The Defendants’.

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