logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.02.17 2015가단44422
건물명도
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. The Defendants jointly do so to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2010, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the E, setting the lease deposit of KRW 10 million, monthly rent of KRW 700,000 (monthly 30,000), and the lease period from October 13, 201 to October 13, 201 (hereinafter “the instant lease agreement”).

B. The instant lease agreement was renewed annually, and E paid the Plaintiff the rent up to May 2014 and did not pay the rent any more.

C. E died on July 23, 2014, and E’s inheritors are only the Defendants.

On December 8, 2015, the Plaintiff filed the instant lawsuit to the effect that the instant lease contract is terminated on the grounds of the failure to pay rent for more than two years by the network E and the Defendants, and the duplicate of the complaint was served last on the Defendants.

E. As of January 13, 2016, which was the date of the closing of argument in the instant case, the Defendants occupied and used the instant real estate as they were left away from what were inherited from E inside the instant real estate.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s expression of intent to terminate the lease contract of this case on the ground of more than two years of rent delay between E and the Defendants. Thus, the Defendants, who possess the real estate of this case, have the duty to deliver the real estate of this case to the Plaintiff, and jointly with the Plaintiff, have the duty to pay the Plaintiff the overdue rent and the amount of unjust enrichment equivalent to the rent acquired by occupying the real estate of this case without any

B. Meanwhile, the Plaintiff’s remaining remainder after deducting the overdue rent from June 1, 2014 to August 10, 2015, calculated at the rate of KRW 700,000 per month from the lease deposit amount of KRW 10,000 based on the instant lease agreement.

arrow