logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.13 2019가합22244
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff (Appointed Party) each real estate listed in the separate sheet, and KRW 10,000,000 and November 2019.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”)

On September 25, 2017, the Defendant and the designated parties are each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”).

(1) The lease deposit amount of KRW 10 million, monthly rent of KRW 11,00,000 (including value-added tax, payment on the 25th day of each month), and the lease term of KRW 24 months from the date of delivery for the lease (hereinafter “instant lease contract”).

A) Around that time, the Defendant concluded the instant real estate and delivered each of the instant real estate to the Defendant. (2) The Defendant paid a total of KRW 121 million for the 11-month rent from October 25, 2017 to September 10, 2018, but did not pay the rent thereafter.

3) On December 28, 2018, the Plaintiff and the designated parties sent to the Defendant proof of the content of demanding the payment of overdue rent for the period of arrears on December 28, 2018, and each of the content of demanding the payment of overdue rent for the period of February 25, 2019. 4) The Plaintiff notified the Defendant that the instant lease was terminated by the delivery of a copy of the instant complaint on the grounds of the overdue rent for the period of more than two years. The duplicate of the instant complaint was served to the Defendant on August 12, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. According to the facts of the above recognition as to the request for extradition of each of the instant real estate, since the instant lease contract was terminated in accordance with the Plaintiff’s notification of termination, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff.

C. The lessor’s obligation to return the lease deposit and the lessee’s obligation to return the leased object at the time of termination of the first lease agreement regarding the claim for payment of unpaid rent, etc. However, the deposit received in the lease of real estate is secured by securing all the lessee’s obligation due to the lease, such as the lessor’s obligation to return the lease deposit and the liability for damages incurred due to the loss of, damage

arrow