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Reasons
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(영문) 서울중앙지방법원 2019.04.16 2018가단5154236
건물명도(인도)
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1. Defendant E shall pay to the Plaintiff KRW 5,681,610 and the interest rate of KRW 15% per annum from March 20, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 29, 2017, the Plaintiffs entered into a lease agreement with Defendant C by setting a deposit of KRW 10,000,000 for the second floor G (hereinafter “instant building”), monthly rent of KRW 700,000, and the period from July 5, 2017 to July 5, 2018, and received a deposit of KRW 10,000,000.

B. On the other hand, on August 17, 2017, the Plaintiffs concluded a lease contract (hereinafter “instant lease contract”) with Defendant E, setting a deposit of KRW 10,00,000 for the instant building, KRW 700,00 for each month of rent, and the period from July 5, 2017 to July 5, 2018. Defendant E did not pay a deposit of KRW 10,000,000 to the Plaintiffs.

C. Since then, Defendant E paid rent, etc. to the Plaintiffs while running business in the instant building. On July 20, 2018, after the termination of the instant lease agreement, Defendant E delivered the instant building to the Plaintiffs.

The unpaid rent of Defendant E in relation to the instant lease agreement is KRW 4,620,00, and the unpaid management fee is KRW 1,142,540.

E. 1) Meanwhile, Defendant C filed a lawsuit against the Plaintiffs on the claim for the return of the lease deposit against the Seoul Central District Court 2018Gada1456767, and the Plaintiffs filed a lawsuit against Defendant D and E on the grounds of the risk of double return of the lease deposit, and the said court notified Defendant C and E of the lawsuit. 2) On November 8, 2018, the said court rendered a final and conclusive judgment that “The Plaintiff concluded a lease agreement on the instant building with Defendant C on June 29, 2017, but concluded a lease agreement on the instant building with Defendant E on August 17, 2017, and later concluded a lease agreement with Defendant E on June 29, 2017 between the Plaintiffs and the Defendant on June 29, 2017, the lease agreement between the Plaintiffs and the Defendant on June 29, 2017 was terminated by implied agreement.” The judgment became final and conclusive.

3. The Plaintiffs on November 2018 pursuant to the above judgment.

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