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(영문) 수원지방법원성남지원 2019.02.15 2017가단220095
건물명도(인도)
Text

1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. On October 13, 2004, the Plaintiff et al. and 11 entered into a contract with the trustee in bankruptcy of Nonparty E Co., Ltd. (hereinafter “E”) to lease a store listed in the attached list of real estate (hereinafter “instant store”) in the attached list to the Plaintiff et al. and 11 to the Plaintiff et al. (hereinafter “the instant lease contract”).

A lease contract entered into with E around October 18, 2001 is revised by a deposit, etc., and re- concluded with the trustee in bankruptcy.

B. On October 20, 2016, the Plaintiff and the designated parties (hereinafter “Plaintiffs”) entered into a contract with the Defendant to lease the instant store with the Defendant KRW 30 million and KRW 2.2 million per month from October 20, 2016 to October 19, 2018 (hereinafter “instant sublease contract”).

C. On February 10, 2017, the Defendant purchased the instant store from Nonparty F and completed the registration of ownership transfer on March 2, 2017. From April 2017, the Defendant did not pay to the Plaintiffs that it was a vehicle under the instant sub-lease contract.

The Plaintiffs notified the termination of the instant sub-lease contract on July 25, 2017 on the grounds of the Defendant’s delayed rent.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Even if the Defendant, who was the lessee of the instant store, acquired the ownership of the instant store during the period of sub-lease, still bears the obligation under the instant sub-lease contract. Since the instant sub-lease contract was terminated on or around July 25, 2017 by the Plaintiffs, the Defendant is obligated to deliver the instant store to the Plaintiffs and pay the amount of unjust enrichment equivalent to the rent by the time of overdue rent and delivery of the instant store until the time of delivery.

B. The lessee of the instant lease agreement is the Defendant.

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