logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2015.11.26 2015가단5020
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) from January 29, 2015, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 29, 2013, the Plaintiff and the Defendant concluded a lease agreement with regard to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a deposit of KRW 4 million, KRW 350,000,000 per month, KRW 350,000 per month, and period of lease from November 29, 2013 to November 28, 2014.

(hereinafter “instant lease agreement.” However, the lease agreement was drafted on December 12, 2013). The Defendant received the instant real estate from the Plaintiff from around that time and resides there at a present time.

B. On December 19, 2013 and April 1, 2014, the Defendant did not pay a vehicle to the Plaintiff as of the date of the closing of argument, in addition to the payment of the vehicle to the Plaintiff. On January 9, 2015, the Plaintiff sent to the Defendant a content-certified mail that contains an expression of intent to terminate the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease agreement was lawfully terminated by delivery of content-certified mail containing the Plaintiff’s declaration of termination on January 9, 2015 due to the Defendant’s delinquency in the payment of two or more rents, and thereafter, insofar as the Defendant continuously resided in the instant real estate and occupies and uses it, it is recognized that the Defendant takes unjust enrichment equivalent to the rents.

Therefore, the Defendant delivered the instant real estate to the Plaintiff, and the Defendant did not simultaneously set up a defense of repayment of deposit and simultaneous performance with respect to the instant obligation to deliver the instant real estate. The Defendant paid only two rents during the period from November 29, 2013 to January 28, 2015, and the remainder rent of KRW 4.2 million (= KRW 350,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,000

As sought by the Plaintiff, the Plaintiff is obligated to return unjust enrichment equivalent to the rent of KRW 250,000 per month from January 29, 2015 to the delivery date.

(b) this;

arrow