(영문) 수원지방법원성남지원 2017.07.21 2016가단26876

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(영문) 수원지방법원성남지원 2017.07.21 2016가단26876

건물인도 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

- On September 5, 1997, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant (hereinafter “instant lease contract”) by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000, monthly rent of KRW 600,000, monthly rent of KRW 50,000, and the lease period of KRW 12 months.

- After its registration as a business entity, the Defendant operated a laundry site with the trade name “C” in the instant commercial building by implied renewal of the instant lease agreement even after the expiration of the lease term.

- The Plaintiff and the Defendant changed the monthly rent from 2014 to 300,000 won under the instant lease agreement.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 4, and Eul evidence Nos. 2, and the parties’ assertion of the purport of the whole pleadings, the plaintiff defendant, by September 5, 2016, did not pay the plaintiff 16,381,170 won in excess of the three-year period much more than the three-year period. The plaintiff 4,629,410 won in total as management expenses for the use of the commercial building of this case did not pay.

Therefore, the Plaintiff’s instant lease contract is terminated by the Defendant’s lawsuit on the ground of the overdue rent arrears. The Defendant, the lessee, is obligated to deliver the instant commercial building to the Plaintiff, and pay the Plaintiff the sum of the overdue rent and the management expenses (=16,381,170 won 4,629,410 won) and the delay damages therefor. From October 5, 2016 to the completion date of the delivery of the instant commercial building, the Plaintiff is obligated to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 300,000 per month.

In divorce with D, the Defendant transferred the right to operate the instant commercial building to D with division of property, and notified the Plaintiff. After the Defendant’s divorce, the Plaintiff also transferred the status of the lessee under the instant lease agreement to D by entirely dealing with all issues, such as the claim for rent under the instant lease agreement, etc.

Judgment

Whether the lessee of the instant lease contract has been transferred from the Defendant to D.

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