logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.12.01 2017가단15677
건물명도 등
Text

1. The defendant

(a) No. 201 - Attached Form No. 1, 2, 3, 4, 5 of the real estate stated in the attached list;

Reasons

1. Facts of recognition;

A. On October 16, 2007, the Plaintiff leased real estate (second floor 201) listed in the attached list to the Defendant for lease deposit of KRW 10 million, monthly rent of KRW 300,000, and the period from November 11, 2007 to November 10, 2008. The lease period has been renewed.

B. The Defendant did not pay a total of KRW 4,200,000 for 14 months until August 11, 2017, including delayed payment as of November 201, 2014, as stated in the detailed statement of settlement of rent for the said lease, as to the foregoing lease.

C. On July 8, 2017, the Plaintiff sent to the Defendant a written notice to the effect that the lease contract is terminated if 3.3 million won, including overdue rent, is not paid until July 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract on real estate in the separate sheet between the Plaintiff and the Defendant was terminated and terminated at the time of arrival of the Defendant according to the notice of termination on July 8, 2017. Thus, the Defendant is obligated to deliver the above real estate to the Plaintiff and pay damages for delay calculated at the rate of 15% per annum from August 22, 2017, the day following the delivery of the copy of the complaint in this case, to the day of complete payment, as the Plaintiff seeks. The Defendant is obligated to return unjust enrichment equivalent to the rent calculated at the rate of 300,000 won per month from August 12, 2017 to the day of complete delivery of the pertinent real estate.

B. The defendant asserts that the above overdue charge is 12 months to 3.6 million won. However, even according to the argument, there is no evidence to prove that the above overdue charge was paid more than 14 months, and the above argument is rejected.

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow