logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2019.09.20 2019가단3972
부동산인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From November 25, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On August 24, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the attached list (hereinafter referred to as “instant building”) at KRW 10 million, monthly rent of KRW 600,000,000, monthly rent of KRW 10 million, and from August 24, 2017, with the term of lease from August 24, 2017 to 36 months.

(b) under the following, the instant lease agreement:

From August 2018, the Defendant did not pay the rent, and on December 26, 2018, the Plaintiff notified the Defendant that the lease contract will be terminated if the Plaintiff did not pay the Defendant a total of KRW 2.4 million of the rent in arrears by January 10, 2019 on the ground that the rent in arrears was not paid for at least four years.

C. On January 10, 2019, the Plaintiff declared that the Defendant would not pay the unpaid rent until January 10, 2019, and that on January 11, 2019, the Defendant would terminate the lease contract on the grounds of the Defendant’s unpaid rent.

On January 11, 2019, the Defendant transferred KRW 1.2 million to the Plaintiff on September 201 and October 11, 2018, after receiving the Plaintiff’s declaration of intent to terminate as a mobile phone text message. On March 11, 2019, the Defendant transferred KRW 600,000 to the Plaintiff on the pretext of the rent for November 201, 2019 (the rent until November 24, 2018).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through Gap evidence 7, Gap evidence 8-1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, since the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the rate of KRW 600,000 per month from November 25, 2018 to the delivery date of the instant building.

B. The defendant asserts that the plaintiff interfered with the defendant's opportunity to recover the premium.

There is no evidence to prove that the plaintiff interfered with the defendant's opportunity to recover the premium, and the expiration date of the lease contract of this case is August 23, 2020.

arrow