(영문) 창원지방법원 2019.11.12 2019가단6419

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) 창원지방법원 2019.11.12 2019가단6419

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

(b) 7,040,000 won and from May 29, 2019.

Reasons

1. Facts of recognition;

A. On November 3, 2017, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 10 million per month; (b) from November 28, 2017 to November 27, 2020; (c) received the lease deposit amount of KRW 3 million out of the lease deposit; (d) changed the lease deposit into KRW 8 million and KRW 6.4 million per month; and (e) delivered the instant real estate to the Defendant with the remainder of the lease deposit paid to the Defendant on November 28, 2017.

B. The Defendant did not pay the rent from June 28, 2018. Accordingly, the Plaintiff, upon filing the instant lawsuit on June 7, 2019, terminated the said lease on the grounds that the Plaintiff failed to pay the rent more than twice, and the duplicate of the complaint reached the Defendant on June 7, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement terminated on June 7, 2019 by the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to pay the overdue rent or unjust enrichment equivalent to the overdue rent or rent, calculated at the rate of 640,000 won per month from June 28, 2018 to May 28, 2019, and from May 29, 2019 to May 29, 2019 from May 29, 2019 to the delivery date of the instant real estate.

3. Although the Defendant alleged that he paid the rent by August 2018, the Defendant’s argument regarding the Defendant’s assertion is without merit, the Defendant’s assertion is without merit.

4. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

유사 판례

-서울남부지방법원 2018.04.24 2017가단32828

-의정부지방법원고양지원 2015.05.06 2014가단32048

-수원지방법원안양지원 2017.05.18 2016가단9931

-수원지방법원여주지원 2017.09.14 2017가단1587

-전주지방법원 2020.09.09 2020가단6971