(영문) 서울중앙지방법원 2017.03.29 2016나41028

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.03.29 2016나41028

건물명도

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. To expand the purport of the claim by the Plaintiff (Counterclaim Defendant) in this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 3, 2009, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 12 million, monthly rent amounting to KRW 800,000 per month, and from March 3, 2009 to KRW 24 months from March 3, 2009 (hereinafter “instant lease agreement”), and delivered the said building to the Defendant.

B. The Plaintiff and the Defendant concluded the instant lease agreement, and agreed as follows as a special agreement:

(1) If the lease term expires, the lessee must restore the leased object to its original state, and any claim on the expenses of input, premium, facility cost, moving expenses or lien shall not be made against the lessor and the successor to the right of the lessor.

(2) If, for any reason after the termination of the lease contract or the termination date of the lease contract, the lessee was unable to restore the leased object, or the lessee was unable to take out the leased object or other property, the monthly rent shall be borne by the lessee up to the date of completion

C. Upon renewal of the instant lease agreement on March 1, 201, the Plaintiff and the Defendant changed the lease deposit to KRW 37 million, the rent to KRW 1.5 million per month, and the lease term to KRW 1.5 million from March 3, 2011, and the lease term to KRW 12 months since September 3, 201, and the lease contract was renewed several times, and the other conditions are the same as the other conditions, but the lease term was renewed by setting the period from September 3, 2014 to six months.

The Defendant paid only rent to the Plaintiff until November 2, 2014, and thereafter did not pay the rent thereafter.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the instant lease agreement has expired on March 3, 2015, and the Defendant is obligated to deliver the instant building to the Plaintiff.

유사 판례

-인천지방법원 2016.05.20 2015가합5657

-서울중앙지방법원 2016.12.22 2015가단5226987

-대구지방법원 2016.11.25 2016가단103085

-대전지방법원 2018.08.30 2017가단218328

-대구지방법원 2015.12.17 2015가합1899