logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.09.07 2017가단29738
건물명도(인도)
Text

1. The defendant

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

(b) From 16,100,000 won and December 2, 2017

Reasons

1. Basic facts

A. On June 1, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5,00,000,000 per month, monthly rent of KRW 700,000 (Additional Tax), and from June 2, 2015 to June 2, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. According to Article 4 of the instant lease agreement, in a case where the lessee’s delayed amount of rent reaches the three-year rental amount, the lessor may immediately terminate the said agreement.

C. The Defendant did not pay KRW 5,00,000 to the Plaintiff. On June 30, 2015, the amount of KRW 770,000 (the rent for June 2015), KRW 70,000 on July 31, 2015 (the rent for July 2015), KRW 70,000 on August 31, 2015 (the rent for August 2015), and KRW 2015

9. On November 30, 370,000 won (the rent for September 2015), KRW 770,000 on November 4, 2015 (the rent for October 2015), KRW 770,000 on November 27, 2015 (the rent for November 2015), and KRW 70,000 on February 6, 2016 (the rent for December 2015) paid to the Plaintiff as monthly rent, and did not pay to the Plaintiff from January 2016.

On December 6, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the ground that the Plaintiff had not been paid for more than three months in arrears.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 10, 11, and the purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated on or around December 6, 2016 due to the Defendant’s delinquency in rent for at least three years, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay KRW 16,100,000 (70,000 x 23 months) for the 23-month period from January 2, 2016 to December 1, 2017, as well as for unjust enrichment equivalent to the overdue rent or rent for the 23-month period from January 2, 2016 to December 1, 2017. The amount of KRW 70,000 per month from December 2, 2017 to December 23-1.

arrow