logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.14 2015가단5329886
건물인도 등
Text

1. The Defendant shall pay KRW 32,175,00 to the Plaintiff the annual rate of KRW 15% from October 28, 2015 to the full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 6, Eul evidence 2, 3, 4, and 5 and the entire purport of the pleadings:

On October 26, 2014, the Plaintiff: (a) set some of the parts of the building 121 in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”) owned by the Plaintiff as security deposit 35,000,000, monthly rent of KRW 3,250,000 (excluding value-added tax); and (b) on October 26, 2014, the term of lease was set as from October 26, 2014; and (c) was leased without setting the termination period.

B. Around November 18, 2014, C entered into a contract with the Defendant’s mother E and the instant building to transfer to E the right of beauty art business in the said building, including the right of lease of the instant building and beauty art products located in the said building, etc. Around that time, C’s representative F shall act as the Plaintiff, and C’s agent E and the instant building shall be KRW 35,000,000, monthly rent, KRW 3,250,000, and the lease period from November 10, 2014 to November 9, 2016. The Defendant occupied the instant building from that time.

C. On January 14, 2015, the Plaintiff notified C of the termination of the lease on the ground that C did not perform his/her obligation under the lease agreement as set forth in the above paragraph (a). Around that time, the Plaintiff expressed the Defendant’s intention to ratification of the lease agreement set forth in the above paragraph (b).

(hereinafter referred to as “the lease of this case”) D.

On January 16, 2015, the Defendant paid KRW 3,575,00 to the Plaintiff the rent for using the instant building until that time, and thereafter, did not pay the Plaintiff the rent for the instant lease.

E. The Plaintiff paid only one-month rent out of the lease of this case, and did not pay the remainder, and on the ground that the deposit was not paid, the Plaintiff sent a copy of the complaint of this case to the Defendant.

arrow