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(영문) 전주지방법원 2017.05.10 2016가단341
건물명도
Text

1. The Defendant (Counterclaim Plaintiff, the appointed party) B and the appointed party C to the Plaintiff-Counterclaim Defendant:

(a) entry in the Schedule;

Reasons

1. The fact that common recognition has been made to the principal lawsuit and counterclaim;

A. On January 1, 2013, D entered into a lease agreement with Defendant B, Appointor C, and the real estate listed in the separate sheet (hereinafter “instant building”) stating that deposit amounts of KRW 15,00,000,000, monthly rent of KRW 1,200,000, and the period of time until December 31, 2015.

B. On May 26, 2015, the Plaintiff succeeded to the status of the said lessor by completing the registration of ownership transfer on the 29th of the same month following the purchase of the instant building from D.

C. Defendant B and Selection C did not pay monthly taxes from July 2015, when they occupied and used the instant building, such as operating a private teaching institute. By July 2016, monthly taxes in arrears amounting to KRW 15,600,000 in total.

On the other hand, around December 16, 2015, Defendant B sent a mail to the Plaintiff demanding the renewal of the above lease agreement, and the Plaintiff sent a mail to the effect that the Plaintiff refuses to pay monthly arrears for at least three months on the 21st day of the same month.

【Ground for recognition】 The fact that there is no dispute, Gap Nos. 1-5 (including virtual number), Eul's evidence No. 1, the purport of the whole pleadings

2. According to the facts found in the judgment on the main claim, the above lease contract was terminated due to the expiration of the period of validity, and thus, Defendant B and the Selection C have concluded that the above lease contract was terminated on August 2015.

However, as seen earlier, Defendant B sent a mail to the effect that the contract renewal is demanded on the premise that the above contract is valid.

Defendant B and Selected C are jointly and severally liable to pay to the Plaintiff the amount of KRW 600,00,000 remaining after deducting the deposit from the monthly rent in arrears as above (i.e., the monthly rent in arrears until July 2016 (i.e., KRW 15,600,000-guarantee 15,000), and the amount of unjust enrichment equivalent to KRW 1,20,000 per month calculated from August 1, 2016 to the completion of delivery of the building of this case.

3. Judgment on the counterclaim

(a) the defendant claiming the return of the deposit;

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