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(영문) 서울남부지방법원 2015.11.26 2015가단10237
건물인도 등
Text

1. From 200 million won to 200 million won, the Defendant shall deliver each real estate listed in the separate sheet from July 23, 2014 to the completion of delivery of each real estate.

Reasons

1. Facts of recognition;

A. On July 23, 2014, the Plaintiff and the Defendant entered into a lease agreement with the Defendant that the lessor may immediately terminate the lease deposit (hereinafter “instant lease agreement”) with the commercial building, each of the real estate listed in the separate sheet (hereinafter “instant commercial building”) as KRW 20 million, KRW 13 million per month, and KRW 22 million per month, the lease term from July 23, 2014 to July 22, 2017, and KRW 990,000 (Seoul 3,000 won), and the lease agreement was concluded that the lessor may immediately terminate the lease deposit if the lessee fails to pay the rent at least twice consecutively (hereinafter “instant lease agreement”). The said lease agreement was substituted by the Defendant’s succession to the lessee’s status.

B. On July 23, 2014, the Defendant received a delivery from the Plaintiff and operated the instant commercial building as a marina, etc., and did not pay as from July 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, the purport of the whole pleadings

2. Determination

A. According to the fact that the termination of the instant lease agreement was recognized, the instant lease agreement was terminated by the instant lawsuit, which contained the Plaintiff’s declaration of termination due to the failure to pay two or more rents, which are the grounds for termination of the agreement.

B. According to the above facts, the rent and unjust enrichment that the Defendant is in arrears, and the lease guarantee amount that the Plaintiff returned to the Plaintiff, 1) the rent and the management fee that the Defendant is in arrears are KRW 15.29 million per month ( = KRW 14.3 million per month (including value added tax) management fee of KRW 990,000 per month. The Defendant asserts that the auction regarding the commercial building of this case was commenced and the Defendant failed to use the commercial building for the purpose of lease. However, although it is insufficient to recognize the fact, there is no other evidence to acknowledge it, the Defendant’s argument is without merit. 2) The amount of profit from the occupancy and use of the ordinary real estate is the amount equivalent to the rent of the real estate, and the amount equivalent to the above rent.

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