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(영문) 서울서부지방법원 2015.08.13 2014가단252996
건물 인도청구 및 부당이득금
Text

1. The plaintiffs' part of the claim for delivery of a building against the defendant C and D is dismissed.

2. Defendant E shall: (a)

Reasons

1. Basic facts

A. On April 5, 2010, Defendant C and Defendant D (F before the opening of the name) leased 50 million won (hereinafter “instant store”) among the buildings listed in the attached list (hereinafter “instant building”) from G with the name of “H” as the lease deposit amount of KRW 50 million, monthly rent of KRW 6 million (in addition to value-added tax, the burden of road usage fee), from April 15, 2010 to April 14, 201 (However, with respect to the term of the contract, the term of the contract includes “to be extended at the time of the lessee’s request”) and operated the carpet, etc. at the instant store.

B. On October 18, 2010, G sold the instant building to Dancom Co., Ltd. (hereinafter “Dan”) and on April 18, 201, G filed a lawsuit against Defendant C and Defendant D to the effect that “The lease contract is terminated as the Defendant delayed payment of rent, and the remainder after deducting rent, etc. from the lease deposit is paid,” (Seoul Central District Court Decision 2011No. 141403) and C’s adjustment was established as follows (hereinafter “instant adjustment”) on December 6, 2011.

1. The Defendants are paid the remainder after deducting the unpaid rent and management expenses from the lease deposit amount of KRW 50 million to the delivery of the instant store, and at the same time deliver the instant store to Dain on December 31, 2013.

2. The Defendants, from January 1, 2012 to the delivery of the instant store, shall pay every 6.420,000 won per month from January 1, 2012 to the date of the delivery of the instant store, and if the Defendants violate the obligation to pay rent on two occasions, they shall deliver the instant store to Dain without delay.

3.Drawings shall waive the remainder of claims.

4. The Defendants are not entitled to claim reimbursement of the beneficial cost when delivering the instant store.

C. The Plaintiffs purchased the instant building from Down on February 23, 2012, and on February 23, 2012, the Yongsan District Court of Seoul Western District.

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