logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.09.05 2018가단6176
건물인도 등
Text

1. The defendant,

A. The building indicated in paragraph 1 of the attached list is handed over to Plaintiff A, and the building from May 1, 2018 to the above building.

Reasons

1. Facts of recognition;

A. On April 30, 2013, the Defendant leased each building listed in the separate sheet from Nonparty D, and the Plaintiff: (a) around August 10, 2016, around August 10, 2016, registered the transfer of ownership with respect to the building listed in paragraph (1) of the separate sheet (hereinafter “instant No. 1”); and (b) around March 23, 2015, the Plaintiffs filed a registration for the transfer of shares with respect to each building listed in paragraph (2) of the separate sheet (hereinafter “instant No. 2”).

B. On May 20, 2016, the Plaintiffs succeeded to the status of Nonparty D’s lessor: (a) concluded a lease agreement with the Defendant on the instant building for KRW 2,50,000,000,000,000 monthly rent, and the period until May 22, 2018; (b) on August 27, 2016, the Plaintiff entered into the second lease agreement on the instant building; (c) around 20,000,000 won, monthly rent, and KRW 1.15,00,000 (from May 31, 2017 to May 30, 2018; and (c) on May 30, 2018, the Plaintiffs notified the Defendant that the instant building was based on the first lease agreement from May 21, 2018 to May 30, 2018.

2. Determination

A. According to the above facts, since each of the instant lease contracts has been terminated by the expiration date, the Defendant is obligated to deliver the instant building to the Plaintiff, deliver it to the Plaintiff, return unjust enrichment equivalent to the rent or rent at the rate of KRW 1,50,000 per month from May 1, 2018 to the completion date of delivery of the instant building, and deliver the instant building to the Plaintiffs, deliver the instant building to the Plaintiffs, and return the rent or rent at the rate of KRW 1,50,000 per month from April 23, 2018 to the completion date of delivery of the instant building.

B. As to this, the defendant is entitled to the Commercial Building Lease Protection Act.

arrow