(영문) 서울동부지방법원 2017.12.06 2017가단15189

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) 서울동부지방법원 2017.12.06 2017가단15189

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From March 20, 2017, the foregoing paragraph (a) is described.

Reasons

1. Basic facts

A. On October 7, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit of KRW 10,00,000, KRW 1,000,000 per month for rent, KRW 15,000 per month for management expenses, and the term of lease from October 20 to October 19, 2018 for the real estate listed in the separate sheet (hereinafter “instant building”). Around that time, the Plaintiff handed over the instant building to the Defendant.

B. After that, as the Defendant did not pay the rent and management expenses after March 20, 2017, the Plaintiff was in arrears for more than 3 months on July 7, 2017, and where the Plaintiff did not fully pay the rent within 15 days from the time the mail verifying the content of the instant lease was received, he sent to the Defendant a letter verifying the content that the instant lease agreement shall be deemed terminated, and the Defendant received it around that time.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of intention of termination on the ground of nonperformance, such as the Defendant’s delay of rent, etc., and even if not, the instant complaint, on September 20, 2017, stating the Defendant’s declaration of intent to terminate the instant lease contract on the ground of nonperformance, was finally terminated and terminated upon delivery to the Defendant on September 20, 2017.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon termination of the contract, and pay the Plaintiff rent and management fee calculated by applying the rate of KRW 1,015,000 per month from March 20, 2017 to the completion date of delivery of the instant building (i.e., rent of KRW 1,00,000,000), or unjust enrichment equivalent to the same amount.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

유사 판례

-서울중앙지방법원 2016.07.11 2016가단2725

-서울동부지방법원 2017.12.20 2017가단122926

-울산지방법원 2021.04.07 2020가단13402

-서울동부지방법원 2017.08.30 2017가단116488

-서울동부지방법원 2017.05.10 2016가단145373