(영문) 대구지방법원경주지원 2016.05.20 2015가단1485

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) 대구지방법원경주지원 2016.05.20 2015가단1485

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

B. From November 7, 2015, 8,300,000 won and above.

Reasons

1. Basic facts

A. On March 15, 2013, the Plaintiff asserted that the lease term for the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) between March 1, 2013 and December 31, 2016, the deposit amount of KRW 25 million, the rent of KRW 1.3 million between March 1, 2013 and December 31, 2016, and KRW 1.5 million between January 1, 2014 and December 31, 2016, the Defendant is KRW 1.3 million for the previous period from March 1, 2013 to December 31, 2016, and it is difficult to accept the allegation to the effect that the period is KRW 1.3 million for the previous period from March 1, 2013 to December 31, 2013, as well as for the reasons for the first period from January 1, 2014 to December 16, 2014.

The lessee entered into a lease agreement (hereinafter “instant lease agreement”) and agreed to terminate the said lease agreement in the event that the lessee fails to pay the rent for at least three consecutive years.

B. The defendant from January 15, 2013 to the same year

5. Until December 22, 200, the Plaintiff paid KRW 5 million under the name of deposit amount of KRW 25 million and premium or facility expenses under the instant lease agreement to the Plaintiff.

The Plaintiff asserts that the deposit amount is KRW 20 million out of KRW 30 million paid by the Defendant, and the remainder of KRW 10 million is paid as premium or facility expenses. However, according to the instant lease agreement, the Plaintiff did not seek additional payment of deposit to the Defendant before the Plaintiff expresses his/her intention to terminate the instant lease agreement, and there is no evidence to prove that the Plaintiff and the Defendant agreed to pay KRW 10 million as premium or facility expenses on the record. Thus, the Plaintiff’s above assertion is without merit.

C. The Defendant paid only the rent to the Plaintiff on December 2013, and thereafter, did not pay the rent.

The defendant will be exempted from the rent of March 2013 for the construction of the restaurant between the plaintiff and the plaintiff.

유사 판례

-대구지방법원 2018.08.30 2018나300652

-전주지방법원군산지원 2015.05.29 2014가단7631

-인천지방법원부천지원 2019.09.03 2018가단13945

-의정부지방법원 고양지원 2018.11.02 2017가합73078

-수원지방법원 2016.05.12 2015가단115417