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(영문) 서울중앙지방법원 2016.05.18 2015가단5185659
미지급임대료청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 24, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant primary contract”) with the representative D of an incorporated association, on the aggregate of 1,2, and 170 square meters (280 square meters (including co-owned area) of the Seocho-gu Seoul Metropolitan Government E-ground buildings (F buildings; hereinafter “instant buildings”) (hereinafter “instant primary contract”). The main content is as follows.

A lessor: (tentatively: C Lease Period, an incorporated association: From October 1, 2014 to December 31, 2017: 200 million won: 8.8 million won (Additional tax).

B. On December 31, 2014, the Plaintiff entered into a lease contract on the first floor of the instant building (hereinafter “instant second contract”) with D, which was the representative of the Defendant, and the main contents are as follows.

A lessor: The lease deposit from December 31, 2014 to December 31, 2016: The monthly rent of KRW 55 million: 3.2 million: The monthly rent of KRW 588,000 and the management and maintenance expenses shall be paid by not later than the 30th day of each month, but the payment shall be made in addition to the administrative fine of KRW 10% each month until the full payment of the rent is made, and the purport of all the arguments shall be as follows.

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff is the Defendant, and the lessee of each of the instant contracts and the Defendant actually occupied and used the first floor of the instant building from December 3, 2014 to April 3, 2015. As such, according to each of the instant contracts, the Plaintiff is obligated to pay KRW 18,367,340, out of the total sum of monthly rent, management and maintenance expenses, and additional taxes for each of the aforementioned four months and the electricity fee of KRW 313,420, and KRW 18,333,920, and KRW 313,420. Even if each of the instant contracts does not have effect against the Defendant, the Defendant is obligated to return the said money with unjust enrichment.

B. 1) Determination of the claim under each of the instant 1 and 2 contracts is rendered as to the claim under the instant 1 and 2 contracts. The Plaintiff is the lessee of the instant 1 contracts.

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