logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.27 2015가단5367598
건물인도 등 청구의소
Text

1. The defendant shall be the plaintiff.

(a) connect each point of the real estate listed in the separate sheet in sequence 1, 2, 3, 18, 19, 20, and 1.

Reasons

1. Determination on the cause of the claim

A. 1) On June 27, 2013, the Plaintiff: (a) on June 27, 2013, the Defendant’s store indicated in Paragraph (a) of the Disposition No. 1 (hereinafter “instant store”).

(1) The lease contract of this case (hereinafter referred to as “instant lease contract”) shall be each set of the lease deposit amounting to KRW 50,000,000, monthly rent amounting to KRW 2,500,000 (excluding value-added tax) and the lease period from June 27, 2013 to June 26, 2015 (hereinafter referred to as “instant lease contract”).

(2) According to Article 17(1)(e) of the instant lease agreement, the Plaintiff may terminate the said lease agreement where the Defendant uses the instant store for any purpose other than the leased purpose.

3) On August 2013, the Defendant subleted part of the instant store to C to operate the real estate brokerage business. On October 31, 2014, the Defendant subleted part of the instant store to D and caused D to operate the divisional house. (4) On August 17, 2015, the Plaintiff used or sublet part of the instant store for other purposes without permission, and thus, expressed its intent to cancel the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, the purport of the whole pleadings

B. According to the facts of the above recognition, the Defendant, in violation of the provisions of the instant lease agreement, changed the use of or sub-lease the part of the instant store without permission, and accordingly, the instant lease contract was lawfully terminated and terminated upon the Plaintiff’s declaration of termination on August 17, 2015.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, barring special circumstances.

Furthermore, since the Defendant gains profit by occupying and using the store of this case from the day after the termination of the instant lease contract and thereby causes damage to the Plaintiff as the lessor, it is obligated to return such profit as unjust enrichment. In ordinary cases, the Defendant is obliged to occupy and use the real estate.

arrow