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(영문) 서울남부지방법원 2020.10.20 2019가단20676
건물명도(인도)
Text

The plaintiff (Counterclaim defendant) is jointly and severally liable to the defendant (Counterclaim plaintiff) for KRW 4.2 million and the corresponding amount from June 20, 2019 to February 20, 2020.

Reasons

1. Facts of recognition;

A. On May 31, 2017, the Plaintiffs leased to the Defendant the Yangcheon-gu Seoul Metropolitan Government Branch of Building E (hereinafter referred to as “instant commercial building”) the lease deposit amount of KRW 5 million, KRW 400,000 per month, and KRW 400,000 per month, and the lease period from June 20 to June 19, 2017.

(hereinafter “instant lease agreement.” Around that time, the Defendant paid KRW 5 million to the Plaintiffs, and had been engaged in sales business, such as the instant shopping mall in the name of “F” during the lease period.

B. On May 8, 2019, the Defendant notified the Plaintiffs that “Around May 8, 2019, the Defendant returned 4.2 million won after deducting the remaining rent of 8,000 won from the lease deposit, because there is no intention to extend the instant lease contract.”

On June 2019, the defendant restored the commercial building of this case to its original state and delivered it to the plaintiffs.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, Eul 9, Eul 1, or the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The gist of the plaintiffs' assertion was that the defendant leased the commercial building of this case for the purpose of roasting coffee.

Nevertheless, the Defendant carried on the drinking house business in the commercial building of this case.

① As the Defendant transferred the instant commercial building to the Plaintiffs on February 5, 2020, it is necessary to pay to the Plaintiffs the amount of 3.6 million won (nine months from May 2019 to February 5, 2020) for unjust enrichment equivalent to rent or rent.

② The Defendant, in violation of the instant lease agreement, has remodeled the interior interior interior interior interior interior decoration without permission, shall pay 5.3 million won to the Plaintiffs for restitution.

③ The Plaintiff and the Defendant entered into a contract on the transfer and takeover of rights to the first floor car page of the building operated by the Defendant, and paid KRW 1.5 million to the Defendant as contract deposit. Since the Defendant unilaterally reversed the said contract, the Plaintiff and the Defendant shall pay KRW 3 million penalty to the Plaintiff A.

Therefore, the defendant is entitled to KRW 3,450,00 for each of the plaintiffs [the above KRW 1,60,000,000 for KRW 5.3 million].

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