(영문) 광주지방법원 2015.11.12 2015가단14452

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.11.12 2015가단14452

건물명도

Text

1. The defendant shall be the plaintiff.

A. The defendant delivers real estate listed in the separate sheet, and

(b)payment of KRW 470,000;

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 as to the cause of the claim and the entire pleadings, the Plaintiff: (a) on April 30, 2014, leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant as KRW 3,000,000; (b) from April 30, 2014 to April 30, 2015; and (c) from April 30, 2014 to April 30, 2015; (d) the Defendant continued to possess and use the instant real estate upon delivery; and (e) the Defendant continued to possess and use the instant real estate at KRW 30,000 on June 6, 2014; and (e) the same year.

7. The Plaintiff paid KRW 530,000 on August 8, 200 and KRW 1,500,000 on October 31, 201 of the same year, and the Plaintiff, on March 23, 2015, declared that the instant lease contract was terminated on the ground of the fact that the said lease was terminated on March 23, 2015.

Therefore, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff, and the defendant is obligated to pay the amount of unjust enrichment equivalent to the rent.

Meanwhile, when the lease is terminated, the obligation to return the deposit and the obligation to deliver the object of the lease are in a simultaneous performance relationship. Since the deposit covers all the obligations of the lessee arising in connection with the lease until the lease is delivered the object according to the termination of the lease contract, only the remainder remaining after deducting the amount. According to the above recognition, the amount of KRW 1,830,000 paid by the Defendant shall be appropriated for KRW 240,000 out of the overdue rent of April 201, 2015, May 201, and 6th and December 7th, 2014, and the overdue rent of KRW 290,000 from the overdue rent of July 20, and the amount of KRW 60,000 from the overdue rent of January 1, 205, since the remainder of the lease deposit is not deducted from the remainder of the lease deposit, the Defendant does not have the remainder of the lease deposit, and thus, the remainder of the overdue rent of KRW 3,000,00.

유사 판례

-의정부지방법원고양지원 2015.09.24 2015가단8639

-서울서부지방법원 2018.11.20 2018가단13281

-의정부지방법원 2017.01.12 2016가단114484

-의정부지방법원 2016.09.30 2016나54309

-서울북부지방법원 2015.01.22 2014가단24874