logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.25 2018가단3150
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 16,549,377 Won and February 1, 2018.

Reasons

1. Facts of recognition;

A. On June 23, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 30 million, KRW 310,000 per month, KRW 482,80 per month, management expenses, KRW 482,80 per month, and KRW 2% per month, when the rent is overdue, and KRW 30 million from the Defendant on July 31, 2017.

B. Around August 1, 2017, the Defendant continued to occupy and use the instant building upon delivery from the Plaintiff, but did not pay to the Plaintiff totaling KRW 16,549,37 for four months until January 1, 2018.

C. Accordingly, the Plaintiff notified the Defendant that the said lease contract is terminated on the ground of the delinquency in rent by serving the duplicate of the instant complaint on the Defendant.

(Service Date on February 12, 2018) . [Ground for Recognition] The fact that no dispute exists, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings.

2. Even if the Defendant guaranteed all the Defendant’s obligations arising from the lease relationship, such as overdue rent, etc. with the lease deposit paid by the Plaintiff at the time when the above lease agreement was concluded, the Defendant cannot refuse to pay the rent or be exempted from liability for the overdue payment on the ground of the existence of the deposit.

As long as the above lease contract has been lawfully terminated due to the plaintiff's termination notice, the defendant is obligated to deliver the building of this case occupied by the plaintiff to the plaintiff, and pay the rent management fee or its equivalent amount of unjust enrichment in proportion to the 3,892,800 won (3,100,000 won x 1.1) from February 1, 2018 to February 1, 2018, and from February 3,892,80 won (3,100,000 won x 1.82,80 won).

3. In conclusion, the plaintiff's claim of this case seeking the fulfillment of his duty is reasonable, and it is so decided as per Disposition by citing all of the claims.

arrow