logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.12.07 2018가합110934
건물명도(인도)
Text

1. The defendant (Counterclaim plaintiff) and the defendant jointly deliver the real estate stated in the attached list to the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into the instant lease agreement on December 26, 2006 (hereinafter “instant real estate”).

(2) On September 7, 2016, the Plaintiff acquired ownership of the instant real estate (including underground and auxiliary facilities). On September 7, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 10 million, and the lease term of KRW 7, 200,000,000 for 36 months from October 7, 2016.

B. On October 14, 2016, the Defendants, who occupied and used the instant real estate, filed a report on the establishment of a massage place in the name of Defendant C, and occupied and used the instant real estate, and operated a massage place.

C. Defendant B’s delayed payment of rent was fully paid to the Plaintiff on April 2017, but was not paid from May 2017.

The Plaintiff’s notification of the termination of the instant lease agreement was 1) as Defendant B continued in arrears, and the Plaintiff urged Defendant B to pay the instant lease agreement several times from October 11, 2017 to January 23, 2018, and notified Defendant B of the termination of the instant lease agreement if not paid. (2) Notwithstanding the above notification, Defendant B did not pay it.

Accordingly, on February 1, 2018, the Plaintiff notified Defendant B of the instant lease agreement to the effect that “The overdue charge reaches the three-year rent, thereby cancelling the instant lease agreement.” At that time, the said notification reached Defendant B.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. Inasmuch as the instant lease contract was lawfully terminated due to the Plaintiff’s assertion on the cause of the claim, Defendant B, a lessee, deliver real estate to the Plaintiff, a lessor.

arrow