logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.09.21 2018가단58129
건물명도(인도)
Text

1. From 4,691,200 won to 4,691,200 won, the Defendant shall attach the attached Form among the first floor of the building indicated in the attached real estate from June 7, 2018.

Reasons

1. The following facts may be acknowledged according to the purport of Gap evidence Nos. 1 to 7 and the entire arguments as to the cause of the claim:

① The Plaintiff and the Defendant entered into a lease agreement with regard to the portion (a) of 81 square meters in the ship (hereinafter “instant building”) connected with each point of the attached Form 1, 2, 3, 4, 13, and 1 among the 1st floor of the building indicated in the attached Form No. 1, on which the contract term is from October 30, 2016 to October 29, 2018, with regard to the lease deposit of KRW 30 million, monthly rent of KRW 2,00,000 (additional tax, payment on July of each month), management fee of KRW 79,200 (hereinafter “instant lease agreement”).

② As the Defendant did not pay rent and management expenses from June 2017 while operating convenience stores in the above building, it reached KRW 25,308,800 due to the delayed payment from April 2018.

③ The Plaintiff’s explanation to the Defendant as of March 20, 2018 and April 5, 2018

4. 15. A notice was given that the contract is terminated if the overdue rent is not paid until 15.

④ Upon the Plaintiff’s filing of the instant lawsuit, the Defendant paid that the Plaintiff was the tea of the month around June 2018, which was after receiving the instant complaint.

According to the above facts, the instant lease contract was terminated on April 15, 2017, when the Plaintiff notified the Defendant of the termination, and thus, the Defendant is obligated to return the instant building to the Plaintiff.

However, the Plaintiff seeks to deliver the instant building at the same time after deducting the remainder equivalent to the overdue rent and the rent from the rental deposit from the Defendant’s payment. As such, the Defendant received from the Plaintiff the remainder of the amount obtained by deducting the amount of unjust enrichment equivalent to the rent calculated by the ratio of the rent of KRW 2,279,200 per month from the rent of KRW 30 million to April 7, 2017 (the rent of KRW 25,308,800 and the rent of KRW 25,800 not paid from the Plaintiff from the rent of KRW 30 million to the date of April 7, 2017 (the rent of KRW 1/1,00 after the instant lawsuit was filed).

arrow