logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.18 2015나5134
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is among the second floor of the building indicated in the attached list to the plaintiff.

Reasons

1. There is no dispute between the parties to the facts of recognition, or the following facts may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1 and 2.

The plaintiff is the owner of the building listed in the attached Table.

나. 피고는 2005. 6. 10.경부터 원고로부터 별지 목록 기재 건물의 2층 중 302호{별지 도면 표시 1, 2, 3, 4, 1의 각 점을 순차로 연결한 선내 ㈎부분 44.0㎡, 이하 ‘이 사건 주택’이라고 한다}를 임차하여 현재까지 거주해 오고 있다.

C. On December 20, 2012, the Plaintiff and the Defendant changed the terms and conditions of the lease on the instant housing from KRW 40 million to KRW 35 million and KRW 600,000,000 for the lease deposit and KRW 600,000 for the rent (after December 20, 2012), and entered into a lease agreement with the term of the lease from December 20, 2012 to December 20, 2014 (hereinafter “instant lease agreement”).

From December 20, 2013, the Defendant did not pay the rent under the instant lease agreement. On October 16, 2014, the Plaintiff was in arrears for a ten-month period, and the Plaintiff terminated the instant lease agreement, and sent a written notice to the Defendant by December 20, 2014, stating that the instant house is stipulated as a content-certified mail, and around that time, the said written notice was sent to the Defendant.

E. The Defendant paid to the Plaintiff KRW 120,000,000,000,000 for the last two months out of the rent in arrears in the first instance judgment of this case as part of the rent in arrears under the instant lease agreement, and KRW 2,400,000,000 for the last four months

2. Determination

A. According to the above facts of recognition, the instant lease agreement was terminated due to the Defendant’s failure to pay two or more rents on or around October 16, 2014, when the Plaintiff’s above notification was delivered to the Defendant, or on or around April 3, 2015, when the instant complaint was served to the Defendant.

I would like to say.

B. Therefore, the Defendant ordered the Plaintiff to use the instant housing, and did not receive any rent under the instant lease agreement from June 20, 2014.

arrow