logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.07.13 2016가단754
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant from February 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On April 29, 2015, the Plaintiff entered into a lease agreement with the Defendant that allows the Plaintiff to terminate the lease agreement (hereinafter “instant lease agreement”) and leased the instant real estate to the Defendant, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), KRW 30,000, monthly rent of KRW 5,500,000 (Additional Tax Table), and the lease period from May 30, 2015 to May 30, 2017, respectively. In the event the Defendant delays the payment of rent at least twice during the lease period, the Plaintiff entered into a lease agreement that allows the Plaintiff to terminate the lease agreement (hereinafter “instant lease agreement”).

B. On January 5, 2016, when the Defendant delayed the payment of monthly rent from September 2015, the Plaintiff demanded the Defendant to pay the overdue rent to the Defendant by January 10, 2016, and expressed his/her intent to terminate the instant lease agreement if he/she fails to comply with such demand.

C. The Plaintiff expressed to the Defendant the intent to terminate the instant lease contract by serving the written complaint of this case.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 6 (including the provisional number), the purport of the whole pleadings

2. According to the facts of the above recognition, the Plaintiff may terminate the above lease contract if the Defendant delays the payment of rent for more than two years pursuant to the instant lease contract.

The instant lease agreement was legally terminated on March 10, 2016, when the complaint of this case, which expressed the intent to terminate the instant lease agreement with the Plaintiff’s lessor, was delivered to the Defendant.

Therefore, the Defendant is obligated to deliver to the Plaintiff the instant real estate possessed by the Defendant upon termination of the instant lease agreement.

Meanwhile, the Defendant, without legitimate title, occupied the instant real estate, which is the leased object, from the date following the delayed payment to the date of the termination of the said contract, thereby causing damage to the Plaintiff as the lessor.

arrow