(영문) 수원지방법원성남지원 2019.11.07 2019가단11752

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) 수원지방법원성남지원 2019.11.07 2019가단11752

건물인도 등

Text

1. The defendant from May 27, 2019 to the delivery date of the real estate listed in the separate sheet from May 27, 2019 to KRW 500.

Reasons

1. Basic facts

A. On May 16, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 300 million, KRW 500,000 per month of rent, and the lease term as of May 27, 2019.

B. On February 21, 2019, the Plaintiff notified the Defendant that he/she had no intent to renew the lease, demanding the Plaintiff to deliver the instant real estate on the expiration date of the lease term, which reaches the Defendant around that time.

C. On the other hand, the defendant possessed the real estate of this case up to the present time after stating the purport to request the renewal of the contract to the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. According to the fact of the above recognition, since the lease of the instant real estate between the Plaintiff and the Defendant terminates on May 27, 2019 upon the expiration of the lease term, the Defendant is obligated to pay the Plaintiff the remainder of the money obtained from the Plaintiff at the rate of KRW 300 million from May 27, 2019 to the completion date of delivery of the instant real estate by deducting the money equivalent to the monthly rent of KRW 500,000 from the monthly rent of KRW 30 million from the Plaintiff to the date of delivery of the instant real estate.

After the termination of the instant lease agreement, the Plaintiff asserts that there is a duty to deliver the said real estate at the same time with the remainder after deducting the money at the rate of KRW 1,200,000 per month from the lease deposit. However, the amount of profit from the possession and use of the ordinary real estate shall be the monthly rent for the real estate, and the amount equivalent to the monthly rent after the termination of the instant lease agreement shall be presumed to be KRW 500,000 per month. Therefore, the Plaintiff’s assertion on this part is without merit.

3. According to the conclusion, the plaintiff's claim is reasonable within the above scope of recognition, and it is so decided as per Disposition by admitting part of the claim.

유사 판례

-서울중앙지방법원 2021.02.19 2020가단9631

-인천지방법원부천지원 2020.05.22 2019가단105827

-서울서부지방법원 2019.05.10 2018가단232938

-춘천지방법원속초지원 2020.04.07 2019가단1482

-부산지방법원동부지원 2017.05.31 2016가단20185