(영문) 서울중앙지방법원 2016.12.15 2016가단57794

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.12.15 2016가단57794

건물인도 등

Text

1. The Defendants shall deliver to the Plaintiff the real estate stated in the attached list.

2. Defendant B from May 2, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2015, the Plaintiff entered into a lease agreement with Defendant B to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff by setting the lease period by the end of January 31, 2016, with the following terms: KRW 5,00,000 (excluding value-added tax), monthly management expenses (excluding value-added tax), monthly management expenses; and KRW 1,50,000 (excluding value-added tax); and the lease period by January 31, 2016.

(hereinafter “instant lease agreement”). However, the sum of rent of KRW 60 million was paid in lump sum, and the management fee was agreed to pay KRW 15 million as security deposit.

B. Defendant B paid the Plaintiff the sum of the rent of KRW 60 million in lump sum according to the instant lease agreement.

C. Defendant B received the instant real estate from the Plaintiff, and has been occupied and used until now, and the Defendant Company acquired the instant real estate from Defendant B by sub-leaseing it, and is currently occupying and using it with Defendant B.

After the conclusion of the instant lease agreement, Defendant B began to delay the value-added tax, management expenses, etc. for the rent until now.

E. Accordingly, the Plaintiff notified Defendant B of the fact that the lease agreement can be terminated by sending the content verification and demanding the payment of unpaid management expenses, etc., and later, sent the content verification on February 22, 2016, and expressed the intent to terminate the instant lease agreement as of February 29, 2016. The content verification was served on Defendant B on February 23, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including a serial number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the Plaintiff’s assertion termination of the instant lease agreement, the Defendants possessing the instant real estate should deliver the instant real estate to the Plaintiff and return unjust enrichment at the rent.

(2) No statement is made on the claim for restitution costs, unpaid management costs, etc. and on the claim for offset arising therefrom.

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