logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.17 2016가단20648
건물인도
Text

1. The Defendants, among the three floors of the real estate listed in the separate sheet, shall in sequence indicate 1, 2, 3, 4, and 1 of the separate sheet among the three floors.

Reasons

1. Facts of recognition;

A. On January 26, 201, the Plaintiff concluded a lease agreement with Defendant B and the Plaintiff to lease part (a) of the attached Form No. 1, 2, 3, 4, and 1 among the three floors of the real estate listed in the attached Form No. 1, 2, 3, 4, and 1 to Defendant B, with the view to leasing KRW 5 million, monthly rent of KRW 400,000,000, and the lease term of 12 months from January 26, 2011.

B. The plaintiff is the above A.

Around January 26, 2012, the term of lease specified in paragraph (1) expires, Defendant B and the Plaintiff entered into a lease agreement with Defendant B to lease the leased object of this case (hereinafter “instant lease agreement”) by separately setting the lease deposit of KRW 10 million, KRW 160,000,000 for monthly rent, KRW 11.60,000 for waterworks tax and management expenses, and additional tax separately setting the lease term (hereinafter “instant lease agreement”).

C. On the other hand, the instant lease agreement was implicitly renewed, and the Plaintiff sent to Defendant B, around January 18, 2016, a document verifying that the instant lease agreement was terminated with the expiration of the term, and that it was returned. On February 18, 2016, the Plaintiff filed the instant lawsuit against the Defendants on the ground that the instant lease agreement was terminated, and thus, the copy of the complaint reached Defendant B on April 27, 2016.

By August 25, 2015, Defendant B paid to the Plaintiff that the instant lease agreement was a vehicle under its own name, and thereafter Defendant C paid to the Plaintiff the monthly rent as stipulated in the instant lease agreement by December 24, 2015.

E. From December 26, 2015 to October 11, 2016, the date of the closing of the instant argument, Defendant B’s rent to be paid to the Plaintiff during the period equal to nine months from October 16, 2016, which is the date of the closing of the instant argument, exceeds KRW 10 million.

Grounds for Recognition: Facts without dispute, Gap 1's evidence 1, 2, Gap 2, Gap 3's evidence 1, 2, 2.

arrow