logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.02.27 2018가단225688
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

Reasons

1. The Defendant: (a) on December 5, 2017, the lease deposit amount of KRW 3 million and KRW 300,000,000 per month for the lease deposit of KRW 3 million; and (b) on December 5, 2017, the monthly payment date of KRW 300,000.

4. The lease term was determined from December 5, 2017 to December 4, 2018 (12 months) (hereinafter “instant lease”) and the Plaintiff was not paid at all that time while residing in the said housing and paying the rent to the Plaintiff. [The fact that there is no dispute over the grounds for recognition, entry in the evidence No. 1, and the purport of the whole pleadings.]

2. The Plaintiff’s assertion by the parties: Since the instant lease agreement has been terminated by termination of the following land, the Defendant is obligated to deliver the instant house to the Plaintiff, and to pay the Plaintiff the amount of delayed payment for seven months from December 5, 2017 to July 4, 2018 and the amount of unjust enrichment equivalent to the rent from July 5, 2018 to July 5, 2018.

The Defendant: (a) while the Plaintiff initially called the Plaintiff to substitute for the vessels as a sea cycle, the Plaintiff deducted KRW 300,000 from the rent. The Defendant, instead of the Plaintiff, spent KRW 200,000,00 in the toilet water construction cost, the boiler construction cost, and KRW 1.5 million in the boiler construction cost, thereby offsetting the Plaintiff’s rent claim with the above cost claim.

In addition, the defendant cannot respond to the plaintiff's request for extradition as long as the lease deposit remains.

3. According to the above findings of the determination, the instant lease agreement was duly terminated on August 9, 2018 and terminated on the record that it was evident that the copy of the instant complaint indicating the Plaintiff’s intention to terminate the contract was served on the Defendant on the ground of the following land.

On the other hand, the Plaintiff had to bear the cost of distribution.

There is no evidence to prove that the Defendant spent the costs of water supply and boiler construction on behalf of the Plaintiff, and the lease deposit after the termination of the instant lease agreement was fully deducted from KRW 3 million (=300,000 won x 10 months) from December 5, 2017 to October 4, 2018.

arrow