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(영문) 수원지방법원 2020.02.12 2019가단530670
사용료
Text

1. The defendant is against the plaintiff (appointed party).

(a) From June 15, 2019 for KRW 51,154,364 and for KRW 36,270,609 among them;

Reasons

1. Facts of recognition;

A. On September 1, 2016, Plaintiff (Appointed Party) and Selection G (hereinafter referred to as “Plaintiffs”) purchased the instant store and acquired its ownership in the real estate auction procedure related to Gangnam-gu Seoul Metropolitan Government E and 1st floor F (hereinafter “instant store”).

B. On December 8, 2014, the Defendant: (a) determined and leased the instant store from H Co., Ltd., the former owner of the instant store (hereinafter “Nonindicted Company”); (b) KRW 40 million in lease deposit; and (c) KRW 2.5 million in rent monthly (value-added tax separate); and (d) operated the restaurant in the name of “I” in the said store.

C. The Defendant paid the Plaintiffs the monthly rent deposit amount as indicated in the separate sheet. D.

On the other hand, on August 10, 2015, the provisional registration of the right to claim ownership transfer on the ground of trade reservation was completed on August 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Plaintiffs acquired the ownership of the instant store and succeeded to the lessor’s status under the lease agreement between the Nonparty Company and the Defendant, the previous owner of the said store.

Therefore, the defendant is obligated to pay the plaintiffs the rent and the overdue interest from September 1, 2016 when the plaintiffs acquired the ownership of the above store.

Furthermore, the amount of rent, etc. to be paid by the Defendant is as indicated in the attached Form “the details of calculation of unpaid monthly rent and overdue interest.”

Therefore, barring any special circumstance, the Defendant calculated the unpaid rent and overdue interest from September 1, 2016 to November 31, 2019, prior to the submission of the request for change of the cause of the claim, the amount of KRW 51,154,364, to the Plaintiff (Appointed Party).

The amount of KRW 36,270,609 among them is unpaid from September 1, 2016 to May 31, 2019, which was before the filing of the instant complaint.

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