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(영문) 서울중앙지방법원 2015.08.11 2015가단37724
건물인도 등
Text

1. The Plaintiff:

A. Defendant B delivers Seocho-gu Seoul Metropolitan Government No. 1106 of the 11th floor of the D Building;

B. Defendant C is the above.

(b).

Reasons

1. Facts of recognition;

A. On July 4, 2013, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff to lease the building indicated in the Disposition No. 1 (hereinafter “instant building”) to Defendant B by setting the lease deposit of KRW 10 million, monthly rent of KRW 1100,000,000, and the lease term as of July 4, 2014 (hereinafter “instant lease agreement”). Defendant B paid the Plaintiff the lease deposit of KRW 10,000,000,000, and thereafter occupied and used the instant building.

B. From December 2013, Defendant B did not pay the monthly rent as stipulated in the instant lease agreement, and the Plaintiff terminated the instant lease agreement on March 2014. Defendant B, around July 2014, deemed the Plaintiff as the Defendant C’s use of the instant building and added Defendant C’s phone number to the Plaintiff.

C. Defendant C agreed that the instant building should be occupied, used, and removed from the instant building several times and the overdue rent and management fee should be paid to the Plaintiff.

As of February 5, 2015, Defendant B’s unpaid rent and unjust enrichment from rent are KRW 15.4 million and unpaid management expenses are KRW 3,106,660.

[Ground for Recognition: Facts without dispute, entries in Gap 1 through 6 (including each number), the purport of the whole pleadings]

2. Determination as to the claim against the defendant B

A. According to the above facts, Defendant B shall deliver the instant building to the Plaintiff, and pay damages for delay at each rate of 20% per annum as stipulated in the Civil Act from February 6, 2015 to May 14, 2015, which is the last delivery date of a copy of the instant complaint, from the amount calculated by deducting KRW 10 million from the amount calculated by adding unpaid management expenses to KRW 3,106,660,000,000,000 for unpaid monthly rent and rent (from December 2, 2013 to February 4, 2015).

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