(영문) 서울동부지방법원 2015.02.10 2014가단37096

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.02.10 2014가단37096

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. From July 26, 2014, KRW 108 million and the building above.

Reasons

1. Facts of recognition;

A. On December 18, 2008, the Plaintiff leased the building attached to the attached Form (hereinafter “instant building”) to the Defendant by setting the lease deposit amount of KRW 10 million, KRW 700,000 for monthly rent, KRW 26,000 for monthly rent, and KRW 26,000 for monthly rent, and the lease term from December 26, 2008 to December 25, 2010 for the lease term. The Defendant paid the lease deposit to the Plaintiff around that time.

B. The instant lease agreement was subsequently renewed, and the agreement was concluded to change the rent to KRW 800,000 on December 26, 2010.

C. However, the Defendant delayed the payment of monthly rent from May 26, 2012, and the Plaintiff expressed his intention to terminate the instant lease agreement around November 18, 2012.

[Grounds for Recognition: The entries in Evidence A 1 to 2-4, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to overdue delay, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the rent and the amount of unjust enrichment equivalent to KRW 80,000 per month from May 26, 2012 to the completion date of delivery of the instant building.

B. The Defendant’s assertion regarding the Defendant’s assertion is asserted to the effect that the above overdue rent and other claims are set off with the claim to return the lease deposit, and thus, the Defendant paid KRW 10 million to the Plaintiff as the lease deposit, and the fact that the instant lease contract has been terminated is as seen earlier. Therefore, the Defendant is deemed to have the Plaintiff’s claim to return the lease deposit amount of KRW 10 million. Therefore, the Defendant’s claim against the Plaintiff for the overdue rent and the amount of KRW 208 million (80 million x 26 months) out of the overdue rent and the amount of KRW 10 million from May 26, 2012 to July 25, 2014 shall be deemed to have been extinguished due to the said set-off by the Defendant.

유사 판례

-대구지방법원 서부지원 2018.07.12 2017가단14837

-수원지방법원성남지원 2015.09.24 2015가단20437

-수원지방법원안산지원 2019.04.05 2018가단19897

-서울남부지방법원 2020.01.16 2019가단239524