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(영문) 수원지방법원 2015.11.19 2014나7169
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant jointly with D and 4,109,193 won and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. On May 9, 2012, the Plaintiff: (a) leased the instant real estate indicated in the attached Form (hereinafter “instant real estate”) to D, with the lease deposit of KRW 100 million; (b) monthly rent of KRW 11 million (including value-added tax); (c) from May 9, 2012 to May 8, 2014; (d) agreed that D would bear management expenses imposed on the instant real estate each month (hereinafter “instant lease agreement”); and (e) handed over the instant real estate to D.

B. D operated the instant real estate text “E” without the Plaintiff’s permission on March 11, 2013, set the instant real estate amounting to KRW 11 million per month and sub-leases the instant real estate to the Defendant to bear the monthly management expenses. From around that time to September 26, 2013, the Defendant occupied the instant real estate and operated call text while operating the instant real estate.

C. D did not pay rent after January 9, 2013 and management expenses (hereinafter “management expenses”) after February 9, 2013.

The Plaintiff filed a lawsuit against D with D seeking the termination of the instant lease agreement on the grounds of the delinquency in payment of two or more rents, and the delivery of the instant real estate and the unpaid rents, and the payment of unjust enrichment equivalent to the rents (the original lawsuit, 2013Dahap28530 (the main lawsuit), 2014Gahap6582 (Counterclaim)).

On May 31, 2013, a copy of the complaint containing the Plaintiff’s expression of intent to terminate was served on D on the said lawsuit.

E. In the foregoing related case, on June 17, 2014, the above court determined that the lease contract of this case was terminated as the delivery of a copy of the above complaint on May 31, 2013, and rendered a judgment that “D shall deliver the real estate of this case to the Plaintiff, pay KRW 104,307,186, and delay damages therefor,” and the above court (Seoul High Court 2014Na32917, 2014Na32924) appealed by the Plaintiff, part of the Plaintiff’s appeal in accordance with the purport of the amended claim by the Plaintiff on June 4, 2015.

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