logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.11.27 2014가단60623
건물인도 등 청구
Text

1. The plaintiffs' claims against Defendant C are all dismissed.

2. Defendant D and E shall indicate the Plaintiffs’ attached buildings.

Reasons

1. Basic facts

A. On April 16, 2012, Defendant D, as the representative of Defendant C, Defendant C as the lessee, set up a lease agreement (hereinafter “instant lease agreement”) with each of the following terms: (a) a deposit amount of KRW 10,000,000, monthly rent of KRW 1,300,000, and the lease period of KRW 1,30,000, from May 21, 2012 to May 20, 2013; (b) the lease agreement (hereinafter “instant lease agreement”).

B. Defendant D’s spouse and Defendant D’s spouse occupied the instant apartment from May 2012 to occupy the instant apartment while residing therein.

Defendant D increased the monthly rent of KRW 1,400,000 by around May 2013, and renewed the lease relationship based on the instant lease agreement.

C. From June 20, 2014, the monthly rent that was unpaid on the basis of the instant lease agreement, even after deducting a lease deposit as of June 20, 201, is KRW 5,200,000.

[Reasons for Recognition] Each entry of Gap 1 through 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that Defendant C entered into the instant lease agreement (it is deemed that there was ratification of expressive agent or unauthorized representation even if Defendant C did not directly conclude the instant lease agreement), and Defendant D and E, the children of Defendant C, from May 2012 to occupy the instant apartment without authority, have a duty to deliver the instant apartment to the plaintiffs, and around the other hand, Defendant C, the lessee of the instant apartment, has a duty to deliver the instant apartment to the plaintiffs, and the monthly rent remaining after deducting the lease deposit from the lease deposit to Defendant C, who is the lessee of the instant apartment.

arrow