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(영문) 서울중앙지방법원 2015.12.11 2014가단172408
건물인도등
Text

1. As to the Plaintiff’s KRW 7,759,99 and KRW 2,400,00 among them, the Defendant shall pay to the Plaintiff KRW 7,759,99 from October 20, 2014, KRW 2,400,00.

Reasons

1. Basic facts

A. The Plaintiff’s completion of acquisition of ownership of the instant building, etc. 1) The Plaintiff’s land indicated in the attached Form (hereinafter “instant land”).

(2) On April 5, 2008, the Plaintiff owned the instant land, which is a site owner, and leased the instant land to C for the purpose of business and sales facilities for six years from September 20, 2008 to September 19, 2014. (2) The Plaintiff leased the instant land, which is a site owner, to C for six years from September 20, 208. (3) The Plaintiff is deemed to have paid rent to the Plaintiff in advance for six years from the instant land, and the Plaintiff was the owner of the building permit and newly constructed the instant building (hereinafter referred to as the “instant building”).

On August 17, 2009, the Plaintiff completed the registration of initial ownership in its name on the instant building.

3) On January 5, 2009, the Plaintiff and C filed a lawsuit with the Plaintiff on the condition that they deliver the instant land and buildings to the Plaintiff upon the termination of the said lease agreement. The lease agreement between the Plaintiff and C was terminated on September 20, 2014. B. The Defendant’s 4 and the 5th sub-lease of the instant building from C on May 16, 2012, set the deposit amount of KRW 150,000,000,000, monthly rent of KRW 250,000,000,000, monthly rent of KRW 250,000,000 from June 4, 2012 to September 3, 2014. The Defendant operated the main restaurants in the form of “D” from the 4 and 5th floor to the trade name “D” [Recognition grounds], and the purport of each of subparagraphs 1-3, 5-1, and 2-1, respectively.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The sub-lease contract for the 4 and 5th floor of the instant building between the Defendant and C was terminated as of September 3, 2014. Meanwhile, the lease contract between the Plaintiff and C was terminated as of September 19, 2014. The lease contract between the Plaintiff and C was terminated as of September 19, 2014. Since delay in payment of rent, the Plaintiff did not have a deposit for lease. Nevertheless, the Defendant continued to occupy the instant building on the 4 and 5th floor without a title.

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