logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2019.06.12 2019가단51501
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The Defendant’s KRW 1,650,000 and February 21, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 16, 2017, the Plaintiff entered into a lease agreement with C, the owner of the building listed in the separate sheet (hereinafter “instant building”) under which the Plaintiff leased the said building by setting the deposit of KRW 10 million, monthly rent of KRW 50,000,000 (hereinafter “instant lease agreement”).

In the instant lease agreement agreement, ① a lessee cannot be protected by the Housing Lease Protection Act if the actual resident is different from the lessee, and ② the actual resident is the defendant (B).

B. The Plaintiff is a business owner who employs the Defendant, and at the time of employing the Defendant as an employee, the Plaintiff agreed to allow the Defendant to pay monthly rent and management expenses and reside in the said building during the employment period after leasing the instant building with the Defendant.

C. On October 20, 2017, the Plaintiff leased the instant building as described in paragraph 1(a), and delivered the said building to the Defendant, from that time, and the Defendant is occupying the said building until now and residing therein.

On July 2018, the defendant retired from a business entity operated by the plaintiff.

E. From December 2, 2018 to February 2, 2019, the Defendant did not pay the rent for the instant building, thereby passing over KRW 1.650,00 as of February 2, 2019, and thereafter, the Defendant did not pay the rent until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties to the instant building lease agreement are the Plaintiff, not the Defendant (in light of the special agreement, it is evident that the agreement was concluded) and even if the Plaintiff and the Defendant agreed to directly pay rent to the lessor while residing in the instant building during the period employed by the Plaintiff, the Plaintiff, who is the lessee, bears the duty to pay rent in relation to the lessor. The Defendant terminated the employment period under the said agreement.

arrow