logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 의정부지방법원고양지원 2019.10.23 2019가단2301
건물명도등
Text

1. The Defendant shall deliver the building indicated in the attached Form to the Plaintiff, and deliver the said building from February 15, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff leased the building indicated in the attached Form (hereinafter “instant building”) to the Defendant as security deposit of KRW 15 million, two years from June 14, 2013, and KRW 400,000 (after June 14, 2013) monthly rent of KRW 15 million.

(hereinafter “instant lease agreement”). B.

On June 14, 2013, the Defendant paid KRW 15 million to the Plaintiff, and was also the Defendant, D. However, the compulsory adjustment became final and conclusive between the Plaintiff and D that “Defendant D shall leave the instant building on July 31, 2019, and jointly and severally pay KRW 2 million to the Plaintiff by July 31, 2019.”

From this point of time, D had the Plaintiff reside in the instant building. On September 1, 2015, upon residing in the instant building, D paid KRW 7 million to the Plaintiff the rent, and the Defendant did not pay all the rent.

C. On August 1, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent by content-certified mail.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated due to overdue delay due to the Defendant’s failure to pay rent for at least two occasions, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff money calculated by the ratio of KRW 4 million per month from June 14, 2013 to February 13, 2019, the unpaid rent of KRW 20.2 million (27 million x 6.7 million - KRW 7 million) to the unpaid rent of KRW 15 million, as sought by the Plaintiff, out of the amount calculated by deducting the deposit of KRW 15 million from the lease deposit of KRW 4.8 million, as sought by the Plaintiff and the Plaintiff from February 15, 2019 to the completion date of delivery of the instant building.

B. The defendant's assertion that the defendant's defense, etc. is 15 million won as the lease deposit against D who did not have a certain address upon the request of the other party E.

arrow