logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.05.18 2016가합336
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the first floor of the underground of the building listed in the attached list, each of the specifications indicated in the attached Form 2, 3, 4, 5, 6, 2.

Reasons

1. Determination as to the cause of claim

A. 1) On June 1, 2013, the Plaintiff, among the buildings listed in the separate sheet owned by the Plaintiff, connects each point of the 2,3,4,5,66,6, and 2 below the 1st underground floor (attached Form No. 2, 3, 4, 5, 6, and 2, among the buildings listed in the separate sheet owned by the Plaintiff, to the Defendant, is the leased part of the case.

) The lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,100,000 (including additional tax, the first day of each month), and the lease period of KRW 12 months from June 1, 2013 (hereinafter “the instant lease contract”).

(2) The Defendant paid KRW 10,000,000 to the Plaintiff in accordance with the instant lease agreement, and thereafter has operated a multi-lateral business with the delivery of the leased portion of the instant case.

3) The instant lease agreement was implicitly renewed and terminated on December 31, 2015. The Defendant, even after the termination of the instant lease agreement, did not deliver to the Plaintiff part of the instant lease, without delivering to the Plaintiff the leased part. 4) The Plaintiff was paid from the Defendant to July 2014.

In addition, the Plaintiff received multiple phone numbers from the Defendant, and sold them to a third party in KRW 5,00,000, and appropriated the said money to rent up to December 30, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

B. Determination 1) As the instant lease agreement was terminated on December 31, 2015, the Defendant is obligated to deliver the leased portion of this case to the Plaintiff. 2) As the instant lease agreement was terminated on December 31, 2015 until the termination of the lease agreement, barring any special circumstance, the Defendant is the Plaintiff on the following day after January 1, 2015 to December 31, 2015, which is the date of the final appropriation for rent, and thus, the Plaintiff is unpaid at the rate of KRW 1,100,000 from January 1, 2015 to December 31, 2015, which is the termination date of the instant lease agreement.

arrow