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(영문) 서울남부지방법원 2016.11.25 2016가단217486
건물명도
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 25,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Comprehensively taking account of the purport of the argument in the evidence No. 1, the Plaintiff entered into a lease agreement with the Defendant on March 9, 201, setting the lease deposit amount of KRW 25 million with respect to the leased building of this case, KRW 2.5 million per month, and the period from March 21, 2011 to March 31, 201 (hereinafter “instant lease agreement”), and the Defendant paid KRW 25 million to the Plaintiff and used the leased building of this case as an Ansan hospital upon delivery of the leased building of this case and profits therefrom at that time.

2. Determination on the main claim

A. The plaintiff asserts to the following purport: (1) The plaintiff asserts to the following purport.

The Defendant, without the Plaintiff’s permission, had B use and profit from the instant leased building without paying rent from June 2012, and the instant lease agreement was terminated as the Defendant’s nonperformance of such obligation.

Therefore, the Defendant is obligated to deliver the instant leased building to the Plaintiff and return the rent or unjust enrichment equivalent to the rent, calculated at the rate of 2.5 million won per month from February 1, 2016 to the completion date of delivery of the instant leased building, calculated by deducting the total rent of 11,2.5 million won, which was unpaid from the total rent of 10 million won to January 31, 2016, less the deposit of 25 million won, and the unpaid rent of 87.5 million won and the rent, calculated at the rate of 2.5 million won per month from the date of delivery of the instant leased building.

(2) Around May 2012, the Defendant, having experienced managerial difficulties in the Defendant’s alleged hospital, introduced B to the Plaintiff the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) as a new lessee in order to move the hospital. The Plaintiff and the Nonparty Company entered into a lease agreement under the same conditions as the instant lease agreement and received KRW 2.5 million as the down payment under the said lease agreement.

Accordingly, the Defendant, on June 16, 2012, removed from the leased building of this case, agreed on the instant lease agreement, and thus, the Defendant was the Plaintiff.

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