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(영문) 서울중앙지방법원 2019.05.14 2018가단5121373
건물인도
Text

1. The Plaintiff:

A. Defendant C, from 9,604,420 won to 9,604,420 won, the real estate listed in the separate sheet from October 11, 2018.

Reasons

1. Basic facts

A. On April 28, 2014, A entered into a lease agreement with F and lease deposit amounting to KRW 20 million, monthly rent of KRW 1.8 million, from May 7, 2014 to May 6, 2015, with regard to the real estate listed in the attached list (hereinafter “instant building”).

On November 6, 2015, after the termination of the above lease, A entered into a lease agreement with Defendant C by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term from November 10, 2015 to November 9, 2016.

B. On October 12, 2016, A entered into a lease agreement with Defendant C and the instant building by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.8 million, and the lease term from November 11, 2016 to November 10, 2018, and accordingly, handed over the instant building to the said Defendant.

C. As to the instant building as of January 6, 2017, a lease agreement entered into between a lessor A, a lessee D, Defendant C, a broker, and the Defendants’ Intervenor (hereinafter “ Intervenor”), a lease deposit of KRW 300 million, a lease deposit of KRW 60 million, and a lease agreement entered into from January 6, 2017 to January 6, 2019. The lessor’s name is stamped in the column of the lessor.

Defendant D paid KRW 300 million to Defendant C on January 6, 2017, and received delivery of the instant building from Defendant C, and thereafter occupied and used the building.

On July 18, 2018, the complaint of this case, including the purport of terminating the lease on the ground that Defendant C leased the instant building to Defendant C without permission, was served on July 18, 2018.

E. Since May 11, 2018, Defendant C did not pay rent to A. As to the instant building from August 2018 to January 2019, Defendant C imposed management fee (including delayed payment) of KRW 1,395,580 in total, from August 2018 to January 2019.

F. A died on December 11, 2018, and the Plaintiff, his spouse, solely inherited the instant building, and taken over A’s instant legal proceedings.

[Reasons for Recognition] A. A., 2, 4, 10.10

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