(영문) 서울동부지방법원 2016.01.13 2014나8242

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(영문) 서울동부지방법원 2016.01.13 2014나8242

손해배상

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1. All appeals by the plaintiff (Counterclaim defendant) and the claims added in the trial are dismissed.

2. An objection to the trial;

Reasons

1. Basic facts

A. The third floor of the Songpa-gu Seoul Building consisting of 1, 2, 3, and 4 sections, and the Plaintiff owned 3 units (referring to the exclusive section of 56.93 square meters, 14.98 square meters, hereinafter referred to as the “instant store,” and the remainder of the partitioned building is divided into 1, 2, and 4 units) among them. Around 2005, D leased all adjacent parts of 2, 3, and 4, including the instant store, from each owner, and removed the walls between 2, 3, and 4 units, and operated a scambling.

B. On January 31, 2007, the Defendant: (a) leased the instant store from the Plaintiff during the period from March 3, 2007 to March 3, 2009 (from March 4, 2012, the rent was increased by KRW 2 million per month; (b) and around that time, leased the walls between subparagraphs 1, 2, and 4 to the owner, and operated dental clinics.

C. Since March 2012, the Defendant did not pay the rent of the instant lease. The Plaintiff terminated the instant lease on the grounds of delinquency in rent around January 21, 2013, and on March 4, 2013, the Defendant filed a lawsuit against the Defendant seeking the delivery of the instant store and the payment of rent, etc. as the court’s order to accept the claim on August 12, 2013.

(The above judgment was finalized as it is). D.

On July 18, 2013, immediately after the closing of argument in the instant lawsuit, the Defendant leaves the instant store on July 18, 2013, and only renewed the lease on subparagraphs 1 and 2. The sum of overdue rents or unlawful gains equivalent to rents is KRW 1,68 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including paper numbers), part of witness E of the party inquiry witness E, significant facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s duty to restore the lease of the Plaintiff 1 to its original state is each of the instant stores and subparagraphs 2 and 4.

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