(영문) 서울중앙지방법원 2014.11.13 2013가합17846

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(영문) 서울중앙지방법원 2014.11.13 2013가합17846

무단사용 임대료

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. On December 31, 2005, the Defendants concluded a lease agreement with the Plaintiff to lease the first, first, second, and fifth (hereinafter “the leased object of this case”) of the instant building with the name of “D Hospital” from June 8, 2006, with the lease deposit amount of KRW 300,000,000, monthly rent of KRW 10,000, monthly rent of KRW 10,000, and the lease period of KRW 5 (60 months) from June 1, 2006 (hereinafter “the instant lease agreement”).

At the time of the conclusion of the above lease agreement, the Plaintiff and the Defendants determined that “if the Plaintiff leases the third and fourth floors other than the above leased object to a third party, it shall be leased as a member of the subject that the Defendants did not open.”

C. On June 3, 2008, the Defendants renewed the instant lease agreement, etc. by adjusting only a monthly rent and a deposit for lease between the Plaintiff and the Plaintiff to partly raise the monthly rent and a deposit for lease.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 5, Eul evidence 1 to 3, the witness E's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is the cause of the claim in this case. The defendant's assertion as to the summary of the plaintiff's assertion that the plaintiff suffered losses from the plaintiff's exclusive possession and use of the above 3rd and the 4th floor without any lease contract from June 1, 2006 to June 30, the third and fourth floor of the D Hospital operated by the defendants, and occupied and used them as a warehouse. The plaintiff argued that the plaintiff suffered losses from the plaintiff's loss of the opportunity to lease the above 3rd and the 4th floor to a third party due to the above exclusive possession and use of the above 3rd floor. The plaintiff's assertion against the defendants that the defendants were unjust enrichment 267,818,137 won and delay damages for the above period.

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