logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.14 2020가단5048686
건물인도
Text

1. The defendant

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

B. From 6,600,000 won and January 28, 2020

Reasons

Basic Facts

A. On May 21, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term from May 28, 2019 to May 27, 202 (hereinafter “instant lease agreement”) with the Defendant, under the terms and conditions that the lease contract may be terminated when the lease deposit amount is KRW 20 million, monthly rent 1650,000 (if the lessee fails to pay the monthly rent at the second time, the lessor may cancel the lease contract).

B. From September 2019, the Defendant was in arrears, and a duplicate of the instant complaint stating that the Plaintiff terminated the instant lease agreement on the grounds of delinquency in rent was served on the Defendant on February 27, 2020, and the Defendant is occupying and using the instant real estate until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts established above, the Defendant did not pay two or more rents, and there is no evidence to prove otherwise that the Plaintiff did not fulfill his duty to maintain the necessary condition for the use and profit-making of the instant real estate. Thus, the instant lease agreement was lawfully terminated upon delivery of a copy of the complaint of this case to the Defendant, which included the Plaintiff’s declaration of termination on the ground of rent delay.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay 6.6 million won in arrears from September 28, 2019 to December 27, 2019 (i.e., KRW 16.5 million per month x 4 months) and to pay the rent or unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 1.65 million per month from January 28, 2020 to the completion date of delivery of the instant real estate.

3. The plaintiff's claim for conclusion is justified and acceptable.

arrow