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(영문) 서울서부지방법원 2015.02.06 2014가단18363
건물명도등
Text

1. The Defendants’ respective Plaintiff:

(a) deliver three-storys of 47 square meters among the real estate listed in the attached list;

(b) 2,310.

Reasons

1. The facts of recognition were: (a) on October 11, 2007, Defendant B leased the 1st floor of 71.07 square meters from the Plaintiff on the attached list; and (b) on October 201, Defendant B and the Plaintiff occupied and used it with Defendant C Co., Ltd. operated by Defendant D, one’s husband; (c) on October 201, Defendant B and the Plaintiff, in lieu of the previous lease agreement, concluded a lease agreement with the 330,000 square meters for the 3rd floor of 47 square meters for the real estate indicated in the attached list, in lieu of the previous lease agreement, from November 1, 2012 to October 31, 2013; (d) thereafter, the Defendants failed to pay monthly taxes from September 2013 in the course of continuing possession and use of the leased part; (d) on March 2014, the Plaintiff did not have any dispute over the termination of the lease agreement with each of the aforementioned parties; or (e) the Defendants did not have any dispute among the aforementioned parties.

2. According to the facts found in the determination as to the cause of the claim, the above lease agreement was lawfully terminated due to the Defendants’ failure to pay monthly rent. The Defendants are obligated to deliver the leased portion to each Plaintiff, and to pay unjust enrichment equivalent to the monthly rent of KRW 2,310,000, and the monthly rent of KRW 2,310,000, and the monthly rent of KRW 330,000,000, calculated from April 1, 2014 to the completion of delivery of the leased portion.

(B) Notwithstanding the name of the lessee under the above lease agreement, the Plaintiff appears to have sought payment of unjust enrichment equivalent to the monthly rent and monthly rent on the premise that the Plaintiff is a joint lessee, and the Defendants do not dispute this issue. As to the Defendants’ assertion on March 3, 200, the Defendants agreed to guarantee the period of lease to the Defendants at the time of the above lease agreement for five years. Thus, the termination of the above lease agreement is reasonable.

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