(영문) 수원지방법원 2019.09.19 2018가단553898

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) 수원지방법원 2019.09.19 2018가단553898

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 15,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Facts of recognition;

A. On July 13, 2003, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the lease deposit of KRW 15 million and the lease term of October 20, 204, with respect to the leased property of KRW 30.8 square meters on the ship connecting each point of the items in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1 among the two floors of the building indicated in the separate sheet D and the separate sheet, in sequence:

B. The instant lease agreement has been explicitly renewed thereafter.

C. On June 13, 2017, the Plaintiff and E acquired the ownership of the instant real estate (each of 1/2 shares).

On September 10, 2018, the Plaintiff sent a notice to the Defendant stating his/her intent to refuse the renewal of the instant lease agreement, and the said notice reached the Defendant around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the instant lease agreement continues to exist under a lease agreement with implied renewal thereof without any fixed term. However, the Plaintiff’s declaration of termination made on September 10, 2018, which became effective on February 10, 2019 after the lapse of six months from the date of termination, and barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

B. The defendant shall have a defense of simultaneous performance that the real estate of this case cannot be delivered until the deposit for lease is refunded.

According to the evidence mentioned above, the defendant paid KRW 15 million to the previous owner of the real estate in this case as the lease deposit, and since it is recognized that the plaintiff succeeded to the status of the lessor, the plaintiff is obligated to return the lease deposit to the defendant, and the obligation of the defendant to deliver the real estate in this case to the defendant simultaneously with the obligation of the plaintiff to return

유사 판례

-부산지방법원 동부지원 2021.02.16 2020가단4364

-서울서부지방법원 2013.05.29 2013가단143

-수원지방법원안산지원 2019.10.23 2019가단9637

-수원지방법원 안산지원 2018.05.23 2017가단64210

-의정부지방법원 2016.04.05 2015가단36273