logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.09 2017가단141664
건물명도(인도)
Text

1. The defendant

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, and 1.

Reasons

1. Indication of claim;

A. A. A lease contract concluded on September 26, 2016 between the Plaintiff and the Defendant (a lease deposit of KRW 15,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax), monthly management fee of KRW 150,000) was terminated around that time by the Defendant’s rent delay (payment until June 27, 2017).

B. Therefore, the Plaintiff seeks to pay the Defendant KRW 1,800,000 (=1.1 x 1,500,000 + monthly rent + KRW 150,000 + monthly rent + KRW 150,000) including monthly rent from June 28, 2017 to the completion date of delivery of the leased object.

2. The obligation to return unjust enrichment, such as the monthly rent after the partial dismissal of the lease, cannot be deemed to have regularly arrived every month as in the previous lease contract. Therefore, the part of the obligation to claim a regular payment cannot be permitted.

However, it is intended to order the payment of unjust enrichment calculated by the ratio of KRW 1,800,00 per month until the day when delivery of leased objects is completed in consideration of the nature of the future performance lawsuit.

3. Articles 208(3)1 and 257 of the Civil Procedure Act, which hold a judgment without holding any pleadings.

arrow