logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.05.30 2018가단6834
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Indication No. 1, 2, 3. of the attached Form No. 1, 17.66 square meters on the 1st floor of the building indicated in the attached Table’s list of real estate.

Reasons

1. Basic facts

A. On April 9, 2017, the Plaintiff entered into a contract with the Defendant to lease the instant building to the Defendant with the amounting to KRW 8,400,00,000, monthly payment of KRW 960,000 per month, monthly payment of KRW 960,000, KRW 10,000 per month, and the lease period from April 9, 2017 to 36 months (hereinafter “instant lease contract”).

B. As the Defendant did not pay rent and management expenses from May 2018, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the overdue rent of at least three months in the instant complaint, which was served on the Defendant on October 16, 2018.

C. Meanwhile, the Plaintiff received KRW 3,140,000 on October 24, 2018, and KRW 960,000 on November 12, 2018 from the Defendant for rent and management expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4, result of measurement and appraisal of appraiser C by this court, obvious facts in records, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant did not pay rent and management expenses from May 2018, and thus, the instant lease contract was terminated by the delivery of a copy of the complaint of this case on the grounds of the overdue rent for at least three years. The Plaintiff claimed the payment of unjust enrichment and management expenses equivalent to the rent and management expenses from May 10, 2018 to August 9, 2018, including the delivery of the building of this case and the overdue rent and management expenses from May 10, 2018 to August 9, 2018, and from September 10, 2018 to September 10, 2018.

B. According to the above facts of determination, since the lease contract of this case was in arrears with at least three vehicles and the contract of this case was lawfully terminated by delivery of a copy of the complaint of this case, the defendant, barring any special circumstances, delivers the building of this case to the plaintiff, and the plaintiff was not paid for five months from May 2018 to September 2018, and the amount of unjust enrichment and management expenses equivalent to the rent calculated at the rate of KRW 960,000 per month from October 9, 2018 to the completion date of delivery of the building of this case.

arrow