logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2019.04.26 2018가단10335
건물명도
Text

1. The defendant is against the plaintiffs:

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

B. Each of 7,700,000 won and September 10, 2018

Reasons

1. Facts of recognition;

A. On February 20, 2017, the Plaintiffs agreed to pay in advance the amount of KRW 30,000 in the amount of deposit, KRW 280,000 in the amount of rent, and value-added tax on the amount of KRW 10% in the amount of rent, KRW 280,000 in the amount of rent, and KRW 10% in the amount of value-added tax between May 10, 2017 and the Defendant on June 27, 2018, the Plaintiffs reduced the amount of KRW 2,70,000 in the amount of rent from July 10, 2018 to the Defendant on the 10th of each month.

B. The Defendant’s rent for the period from January 9, 2018 to the Plaintiffs as indicated in the separate repayment list is the same year as the rent for the period.

6. 10. Above the same year

9.9. The tea was paid from January 10, 2018 to the same year.

6. The rent for the period until September 10, 201 and the value-added tax for the rent of KRW 15,400,000 (=2,80,000 x 1.1 x 5) and the rent of KRW 2,700,000 for each month after September 10, 2018 and the rent of KRW 270,000 for it were not paid.

C. On November 5, 2018, the complaint of this case, stating the Defendant’s declaration of intention to terminate the lease on the ground that the said lease was overdue, was served on the Defendant, but the Defendant used the instant real estate even thereafter until the closing of argument.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the defendant did not pay the rent for at least three months at the time of the notice of termination, the lease contract was lawfully terminated.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the rent of KRW 1,485,00 per month from September 10, 2018 to September 1, 2018 (=2,700,000 x 1/2) and the amount of value-added tax or the amount of unjust enrichment equivalent to the same amount.

B. As to the judgment of the defendant's assertion, the defendant did not pay the difference due to inevitable circumstances.

arrow