logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.08.21 2019가단94973
건물명도(인도)
Text

The Defendant, as the Plaintiff

(a) Indication A, B, C, D, and A of the Annexed Building among the buildings indicated in the Annexed Real Estate.

Reasons

1. Determination as to the cause of claim

A. On October 29, 2018, the Plaintiff: (a) indicated in the attached Form No. 1, among the buildings indicated in the attached Form with the Defendant and the real estate indicated in the attached Form, the indication of the attached Form No. 1, B, C, D, and A; (b) indicated on the same map No. 5.2m2 in the office of the part (A); and (c) indicated on the same map No. 353m2 in the order of priority among the buildings indicated in the attached Form No. 353m2 (hereinafter “the instant building”).

(30,000,000 won for lease deposit, monthly rent of KRW 3,000,000 (Additional tax separate) and lease term from November 20, 2018 to November 19, 2020 for lease term (hereinafter “instant lease contract”).

(2) The Defendant continued to delay the rent from December 2018. The Plaintiff sent a content-certified mail stating the Defendant’s declaration of intention to terminate the instant lease contract on the grounds of three or more occasions of delinquency in rent, around June 4, 2019, and the content-certified certificate reached the Defendant around that time.

3) As of June 25, 2020, the Defendant delayed the payment of KRW 53,040,258 in the aggregate of the rent and electricity rent. [The fact that there is no dispute over the grounds for recognition, Gap’s entries in Gap’s 1 through 3, 6, and 9, and the purport of the whole pleadings.]

B. According to the above facts of determination, the instant lease agreement was lawfully terminated and terminated around that time by the Plaintiff’s declaration of termination as of June 4, 2019, on the ground of the failure to pay rent for more than three years.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff as restitution following the termination of the instant lease agreement, and pay 23,040,258 won calculated by deducting 30,000,000 won from the lease deposit, as claimed by the Plaintiff, at the expense of KRW 53,040,258, the sum of overdue rent, unjust enrichment equivalent to the rent in arrears, and electricity rent, and damages for delay calculated at the rate of 12% per annum from June 26, 2020 to the date of full payment.

2. The defendant's argument as to the defendant's assertion is that of KRW 10,00,000 for rent around March 2, 2020 and electricity fee of KRW 2,00 for that time.

arrow