logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.02.07 2019가합404382
건물명도(인도)
Text

1. Of the principal lawsuit in this case, the part of the claim for the procedure for cancellation registration of housing lease shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff purchased the instant real estate on December 3, 199 and completed the registration of ownership transfer on the said real estate on April 8, 2003.

B. On November 25, 2016, the Plaintiff entered into a lease agreement with the Defendant to set the lease period for the instant real estate from December 9, 2016 to December 9, 2018, and to set the lease deposit at KRW 850,000 (hereinafter “instant lease agreement”).

C. On October 19, 2018, the Defendant sent a content-certified mail to the Plaintiff and expressed that the Defendant did not wish to renew the instant lease agreement.

(A) No. 3. D.

On December 4, 2018, the Defendant sent text messages to the Plaintiff, and stayed in Canada from the end of October to November, and requested the return of deposits to the Plaintiff by January 4, 2019, taking into account the fact that the contact with the Plaintiff or real estate intermediaries was well known.

E. On December 21, 2018, the Defendant: (a) received an order to register the Housing Lease (hereinafter “instant Housing Lease Registration”) from the Suwon District Court, Sung-nam Branch Branch 2018Kadan123, and completed the registration of the Housing Lease on January 2, 2019 with respect to the instant real estate.

F. On December 21, 2018, the Defendant sent a content-certified mail to the Plaintiff, and expressed that “the Plaintiff wishes to refund the deposit at latest until January 4, 2019 (Evidence A-2).” As to this, the Plaintiff sent a content-certified certificate to the Defendant on December 27, 2018, stating that “the Plaintiff would check the house at the time of the occupancy by January 4, 2019 and return the deposit on the same day (Evidence A-1).” On December 31, 2018, the Plaintiff sent a content-certified certificate to the Defendant on December 31, 2018, and notified the Plaintiff that “the Plaintiff entered into the instant lease agreement with the new lessee on December 31, 2018.”

(A) However, the defendant is the real estate of this case until January 4, 2019.

arrow