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(영문) 서울중앙지방법원 2016.05.12 2015가단187308
건물인도 등
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the attached list, and the foregoing shall be from March 9, 2015, including KRW 900,000.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 5 (including paper numbers) and all the arguments.

On September 7, 2012, the Plaintiff leased to Defendant B the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) from 20,000,000, monthly rent of KRW 1,650,000 (including value-added tax), and the lease period from October 8, 2012 to October 8, 2014.

(hereinafter referred to as “the lease of this case”) B.

While Defendant B continued to use the instant building beyond the term of lease agreed upon by Defendant B and the instant lease was implicitly renewed, Defendant B subleased part of the instant building to Defendant C, and the Plaintiff consented to the said sub-lease.

C. Defendant B did not pay rent from November 9, 2014, and Defendant C paid, on behalf of Defendant B, that Defendant C paid to the Plaintiff KRW 1,650,000 each month for three months from June 2015 to August 2015.

Defendant B did not pay KRW 900,000 of the value-added tax on rent for the year 2014 that should be borne by the lease of this case.

E. On October 29, 2015, the Plaintiff notified the Defendants of the termination of the lease of this case on the grounds of two or more rent delays.

2. Comprehensively taking account of the allegations and the above-mentioned facts, the lease of this case was terminated by the Plaintiff’s notice of termination on October 29, 2015. As such, Defendant B, the lessee, bears the obligation to deliver the building of this case to the Plaintiff, and Defendant B, the lessee, bears the obligation to pay value-added tax of KRW 900,000 for the rent of the year 2014 unpaid, and the unpaid obligation to pay the rent and the obligation to return the unjust enrichment equivalent to the rent of the rent from the time the leased object is returned after the termination of the lease. However, the lease does not pay the rent from November 9, 2014.

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