logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.06.13 2019가단205711
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. 500,000 won and as regards it, March 2019

Reasons

1. Facts of recognition;

A. On September 17, 2018, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 5 million, monthly rent of KRW 500,000,000, and September 16, 2020 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”). Around that time, the Plaintiff handed over the said real estate to the Defendant.

B. (1) On January 28, 2019, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract will be terminated in the absence of a reply by February 12, 2019, while the Plaintiff did not pay to the Defendant a total of two months on December 28, 2018 and January 12, 2019, and that the said content-certified mail reached the Defendant around that time. (2) The rent unpaid by the Defendant as of February 17, 2019 reaches KRW 1.5 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, the instant lease contract was terminated on the ground of the Defendant’s delinquency in rent for more than two years, and the Defendant is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

Furthermore, I examine the plaintiff's monetary claim.

The facts that the monthly rent is 50,000 won under the instant lease agreement, the Defendant continued to possess and use the instant real estate, and the fact that the Plaintiff was a sum of KRW 1,500,000,000 that was unpaid by the Defendant as of February 17, 2019 are as seen earlier. The Plaintiff is a person who was paid the Defendant the sum of KRW 30,000,000 won on March 25, 2019, KRW 300,000,000 on April 23, 2019, and KRW 1,000,000,000 won on April 23, 2019, barring special circumstances.

Therefore, the Defendant’s total of 500,000 won (=1.5 million won - one million won) accrued until February 17, 2019 to the Plaintiff and the instant case.

arrow