logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.04.25 2016가단35027
건물명도
Text

1. From March 1, 2017 to the completion date of delivery of the building indicated in the separate sheet from KRW 4,000,000 to KRW 4,00.

Reasons

1. Facts of recognition;

A. On November 27, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit amount of KRW 4,000,000 for the instant building; (b) KRW 300,000 for the monthly rent (payment after December 27, 201); and (c) the term of lease from December 28, 2015 to December 28, 2017; and (d) may be terminated if the overdue rent falls short of two months; and (e) the special agreement entered into a lease agreement with the Defendant on the condition that “The redevelopment three areas and the Plaintiff may be said to be the Plaintiff at the time of default of rent for at least two months (hereinafter “instant lease agreement”).

B. The Defendant paid the lease deposit to the Plaintiff after the conclusion of the instant lease agreement, and until now, occupied and used the instant building.

C. The Defendant was in arrears from March 2016, and on November 9, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement by content-certified mail, and the said declaration of intention reached the 11th day of the same month.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on the ground of the defendant's two or more years of default on rent, and terminated.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, except in special circumstances.

On the other hand, the defendant cannot deliver to the plaintiff before receiving the compensation for relocation due to redevelopment. However, there is no evidence to acknowledge this, and even if there is a duty to compensate the plaintiff for the cost of relocation.

Even if there is a relation between the defendant's duty of delivery and the performance, the defendant's assertion is not accepted.

Meanwhile, the Plaintiff sought payment of rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 300,00 per month from February 29, 2016 to the completion date of delivery of the building of this case. However, the Defendant’s delay from the filing of the instant lawsuit to February 2017 is all the difference in arrears with the Plaintiff after the filing of the instant lawsuit.

arrow