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(영문) 서울중앙지방법원 2015.11.27 2014가단21029
건물명도 등
Text

1. The Plaintiff:

A. Defendant B indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1 among the 1st floor of the building listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Under the trade name of “D,” the Plaintiff, from the Republic of Korea, engaged in real estate leasing business, leased from the Republic of Korea a portion of 90 square meters inboard (A) that connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1 among the 1st floor of the building listed in the attached Table No. 1, 2, 3, 5, 6,

(1) Sub-lessee: The period between October 1, 2012 and February 28, 2013: 220,000 won (including value-added tax, and advance payment on the first day of each month) per month: The period between March 1, 2013 and February 28, 2014 (in the case of B, until July 31, 2013): The deposit amount of the Defendant C: 5 million won (including value-added tax) from March 1, 2013 to February 28, 2014 (in the case of B, until July 10, 2013): the period between July 1, 2013 and the Defendant B: the period between August 1, 2013 and July 31, 2014: the advance payment of KRW 250,500,000 (including value-added tax) per month.

B. During the above sub-lease period, the Defendant Company did not pay the rent of KRW 7 million, and did not pay the public charges of KRW 885,711. Defendant C did not pay the rent of KRW 13750,000,000 and did not pay the public charges of KRW 506,235.

C. Defendant B also did not pay a total of KRW 10 million up to the fourth-month rent up to December 2013, and the amount of KRW 490,617 of public charges was unpaid.

On December 9, 2013, the Plaintiff notified Defendant C of the termination of the sub-lease contract.

[Ground for Recognition: Facts without dispute, each entry of Gap 1-5 evidence (including paper numbers), the purport of the whole pleadings]

2. Determination:

A. According to the facts of recognition as to the claim against Defendant B, the sublease contract between the Plaintiff and the Defendant on the instant real estate between the Plaintiff and the Plaintiff is concluded on December 2013 by the Plaintiff’s declaration of termination. As such, Defendant B is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2.5 million per month from January 1, 2014 to the completion date of delivery of the instant real estate.

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