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(영문) 서울서부지방법원 2017.05.31 2016가단30008
사용료
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 8.4 million and the Defendants B from June 22, 2016 to Defendant C, and Defendant C from June 2, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On March 24, 2015, the Plaintiff and Defendant B, owned by the Plaintiff, are approximately 46.3 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant land”).

(1) The term “instant land use agreement” is a land use agreement under which the term “land use agreement” is to be used from April 1, 2015 to March 31, 2016 (hereinafter “instant land use agreement”).

(1) Defendant C signed the instant land use contract, and Defendant C jointly and severally guaranteed the performance of the obligation under the instant land use contract. The instant land use contract (hereinafter referred to as “instant land use contract”).

Article 1 (Period of Use) of the instant land is prescribed as follows. The period of use of the instant land is until March 31, 2016. Article 2 (Monthly User Fee) The monthly user fee is KRW 50,00 (the price at which the normal price is discounted by 93.3% per month) and shall be paid at the end of each month. The Defendants shall immediately suspend the use of the instant land at the same time as the expiration of the period prescribed in Article 1 (Suspension of Land Use and Unauthorized Removal of Buildings) (1) of the instant land upon expiration of the period prescribed in Article 1.

In addition, even though the expiration date of the period of use stipulated in the instant land use contract was multilateral, the Plaintiff, around December 21, 2015, around February 16, 2016, and around March 28, 2016, moved Defendant B’s facilities on the instant land to another place and urged Defendant B to suspend the use of the instant land until March 31, 2016, the Defendant continued to use the instant land without complying therewith until March 31, 2016.

ground for recognition: there is no dispute.

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