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(영문) 대전지방법원 2021.01.20 2019가단20303
건물인도 등
Text

Defendant (Counterclaim Plaintiff) B: (a) the Plaintiff (Counterclaim Defendant, the appointed party)

(a) deliver the real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On December 5, 2014, a lease agreement was concluded between the owner D and Defendant B with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On March 3, 2017, a lease agreement was renewed with the content that deposit is KRW 20 million, monthly rent is KRW 1.6 million, and the lease period is up to March 24, 2019.

On May 1, 2017, Defendant B entered into a sublease contract with the lessor C regarding the instant real estate with the consent of the lessor D.

B. On August 25, 2017, the Plaintiff and the Selected E (hereinafter “the Plaintiffs”) succeeded to the lessor’s status at the same time as acquiring the ownership of the instant real estate from D.

Since April 2019, Defendant B failed to pay the rent for at least six months, and the Plaintiffs expressed their intent to terminate the lease contract due to the delinquency in payment of rent by serving a copy of the instant complaint.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers), Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the principal claim, since the lease contract on the instant real estate between the Plaintiffs and the Defendant was terminated as a default on rent, Defendant B is obligated to deliver the instant real estate to the Plaintiffs, and to return the amount equivalent to KRW 10,400,000,000,000,000,000 for rent from April 2019 to October 2020 (i.e., KRW 1.6 million per month) deducting the deposit deposit of KRW 20,000,000 from the lease deposit of KRW 1.6 million, and the amount equivalent to KRW 1.6 million per month from October 24, 2020 to the delivery date of the real estate. Defendant C is obligated to withdraw from the instant real estate and deliver it.

3. Determination on the cause of the counterclaim

A. As to Defendant B’s claim for collecting premiums, Defendant B sought KRW 67,50,000 for premiums.

Article 10-4(1) of the Commercial Building Lease Protection Act provides that “A lessor shall not interfere with a lessee’s receipt of premium from a person who intends to be a new lessee arranged by the lessee,” and Article 10(1)1 of the same Act provides that one of the exceptional causes shall be excluded.

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