logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.19 2017가단5000608
건물
Text

1. The defendant shall receive 13,560,000 won from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. 1) On September 2, 2013, the Defendant: (a) on September 2, 2013, the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

) A lease deposit was leased KRW 25,00,000, monthly rent of KRW 1,300,000, monthly rent of KRW 10,000, monthly rent of KRW 10 per month, and period of lease from September 10, 2013 to September 9, 2014 (hereinafter “instant lease agreement”).

(2) Around that time, the Plaintiff paid KRW 25,00,000 to the Plaintiff as a deposit for lease. (2) The contents of the instant lease agreement relating to the instant case are as follows.

If the lease contract under Article 5 of the Office Lease Contract is terminated, the lessee shall restore the above real estate to the original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

1) A special agreement provides that monthly rent shall be paid in advance (10%) and the additional tax (10%) and management fee shall be separate from the monthly rent. 2) A lessee may not claim the lessor for the installation cost and beneficial cost of the necessary facilities, etc., and the lessor shall be ordered to return to the original state upon the expiration of the

(b) The contract is terminated at will of the lessor in the event that the third month tax is overdue for not less than 2 months; and

(b).

After that, the instant lease agreement has been implicitly renewed, the Defendant did not pay rent from April 2016, and the Plaintiff notified that the instant lease agreement was terminated around November 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated by the Plaintiff’s termination on the grounds of delinquency in the second period of rent from November 2016, and barring any special circumstance, the Defendant delivers the instant real estate to the Plaintiff, and KRW 11,440,00 = the sum of the rent or the unjust enrichment equivalent to the rent from April 10 to December 9, 2016 from April 10 to December 9, 2016.

arrow