logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.12.14 2018가단11896
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 13, 2018, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. (1) C on July 12, 2016, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant is deemed as having been indicated in the separate sheet.

(2) The Defendant concluded a lease agreement with the following terms: (a) the lease deposit of KRW 2 million; (b) the lease deposit of KRW 200,000 per month (the later payment on July 12, 2016); and (c) the period from July 12, 2016 to July 12, 2018.

As described in subsection (1), C did not fully pay C the monthly rent until it sold the instant real estate to the Plaintiff.

B. 1) On April 24, 2017, the Plaintiff entered into a sales contract with C to purchase the instant real estate, and on May 12, 2017, the Plaintiff completed the registration of ownership transfer in its name. 2) On May 12, 2017, the Plaintiff, along with C, was the maturity of the Defendant up to May 12, 2017, and the said real estate will be renewed until June 12, 2017 at the new time.

It will be assigned to the intention of the owner who fails to comply with the above promise.

The letter of confirmation was issued.

C. On May 12, 2017, the Plaintiff received KRW 200,000 per month from the Defendant in advance, and thereafter received KRW 200,000 per month from the Defendant until June 8, 2018.

The defendant currently occupies and uses the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-3, the purport of the whole pleadings

2. Determination

A. 1) The summary of the Plaintiff’s assertion 1) was not only agreed to deliver the instant real estate by June 12, 2017 in the written confirmation, but also as the lease contract was terminated upon the expiration of the period on July 12, 2018, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount equivalent to the rent calculated by the ratio of KRW 200,000 per month from July 13, 2018 to the completion date of delivery of the instant real estate. 2) According to the above recognition, the Plaintiff succeeded to the lessor’s status of the lease agreement concluded between C and the Defendant.

arrow