logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.18 2017나5973
부동산인도
Text

1.The part against the defendant in the judgment of the first instance, including the claims reduced and expanded by this Court, is as follows:

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each entry of Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, Gap evidence 4-1, 2, and Gap evidence 5 can be acknowledged by considering the whole purport of the pleadings.

1) On May 27, 2014, the Plaintiff: (a) between the Defendant and the Defendant on May 27, 2014; (b) the Plaintiff’s lease deposit for the instant real estate amounting to KRW 18,000,000; and (c) monthly rent amounting to KRW 1,980,000

) The term of lease is set up on a two-year basis from July 1, 2014, and is set up on a two-year basis; however, if the Defendant is in arrears with more than two vehicles, the Plaintiff is entitled to terminate the contract (hereinafter “instant lease contract”).

(2) The Defendant: (a) paid KRW 18,00,000 to the Plaintiff under the instant lease agreement; and (b) occupied and used the instant real estate from August 11, 2014 to the Defendant and C (hereinafter collectively referred to as the “Defendant, etc.”) who is the intermediary of the Defendant and C, from August 11, 2014, occupied and used the instant real estate.

3) From December 1, 2014, the Defendant did not pay the Plaintiff a rent under the instant lease agreement. 4) On October 21, 2015, the Plaintiff sent to the Defendant by content-certified mail a document to the effect that the instant lease contract is terminated on the grounds that the Defendant’s rent and electricity fee are unpaid, which was served on the Defendant around that time.

5 The defendant et al. transferred the instant real estate to the plaintiff around March 7, 2017.

B. According to the above facts of determination, the instant lease agreement was lawfully terminated upon arrival of the Defendant on October 21, 2015, on the grounds that the Defendant was not paid two or more rents, and the Defendant did not pay the Plaintiff the rent under the instant lease agreement after December 1, 2014.

arrow