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(영문) 서울북부지방법원 2020.04.28 2018가단142145 (1)
건물명도(인도)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From July 14, 2017 to E, Defendant C: (a) deposited 40,00,000 won for 2,476,000 won for each month; (b) management expenses; (c) deposit of 20,000,000 won for 2,476,000 won for each month; (d) deposit of 20,000,000 won for 2nd class G; (e) management expenses; (g) management expenses of 1,18,000 won for each month; (d) management expenses of 161,00 won for 2nd class H; (e) deposit of 80,000,000,000 won for 4,158,000 won for each month for rent; (e) management expenses of 575,000 won for each month; and (e) from July 13, 2017 to July 18, 2017.

B. On August 29, 2017, the Plaintiffs purchased the instant building from E, and completed the registration of ownership transfer on December 6, 2017, with respect to each of the shares of 1/2 shares, and succeeded to the lessor’s status under the instant lease agreement.

C. Defendant C, in the instant building F, operates an I restaurant, and J dance (F and H are the area of 540.21 square meters in the ship which connects each point of the following items in sequence 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 1, 11, 12, and 1 of the attached drawings 1, 2, 4, 5, 8, 9, 10, 11, 12, 12, and 1 of the instant building F, Defendant C, along with Defendant D, operated a rest room and store (hereinafter collectively referred to as “instant store”) with Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional numbers), Eul evidence 5, 10, and 11, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiffs’ assertion that the instant lease agreement was lawfully terminated on July 13, 2018. As such, Defendant C is obligated to deliver the instant store to the Plaintiffs who succeeded to the instant lease agreement and pay a reasonable amount of unjust enrichment for rent and management expenses. In preliminaryly, Defendant C’s possession of the instant store is not recognized, Defendant C is obligated to deliver the said subparagraph to the Plaintiffs. 2)

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