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(영문) 서울중앙지방법원 2018.05.31 2017가단85
건물명도(인도) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiff leased the lease deposit amount of KRW 20,00,000, monthly rent of KRW 11,00,000 to Defendant B (hereinafter “126 lease agreement”), and Defendant B sublet Defendant C heading 126 to Defendant C, and Defendant C operated restaurant business from around that time with the trade name of KRW 126 E.

B. Meanwhile, at the same time, the Plaintiff leased the lease deposit amount of KRW 20,000,000, monthly rent of KRW 800,000 to Defendant C, which was owned by the Plaintiff at the same time (hereinafter referred to as “128”), and Defendant C operated restaurant business with the trade name of KRW 128,00 from around that time.

C. On April 22, 2016, Defendant C agreed to terminate the lease agreement with the Plaintiff and delivered 128 units to the Plaintiff. At the time, the Plaintiff and Defendant C agreed to offset the remainder KRW 13,200,000, out of KRW 14,104,000, which remains after deducting the unpaid monthly rent of KRW 5,896,00,00, from the unpaid rent of KRW 128,000, Defendant C agreed to offset the remainder of KRW 13,200,000, which was unpaid by Defendant C from May 26, 2015 to April 2016, the term of the lease agreement was extended thereafter.

On June 17, 2016, June 2016, the following day after the payment of rent for May 126, 2016, where the Plaintiff did not pay management expenses, charges, and late payment charges, such as 126, to an entity controlled by D buildings until June 30, 2016, through a certificate of the content sent to Defendant C, the lease agreement under subparagraph 126 is terminated as of June 30, 2016.

“As of June 30, 2016, upon notification, terminated the above lease contract as of June 30, 2016, and the Defendant C paid the Plaintiff the rent for June 8, 2016, no longer paid the rent as of 126.

E. Subparagraph 126 was ordered to the Plaintiff on January 31, 2017, and the sum of the amount of unjust enrichment equivalent to the rent for occupation and use from July 1, 2016 to January 31, 2017 is KRW 7,700,000.

[Grounds for recognition] Defendant .

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