(영문) 부산지방법원 2019.02.12 2018가단315584

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) 부산지방법원 2019.02.12 2018가단315584

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

(b) KRW 400,00 and October 2018.

Reasons

1. Facts of recognition;

A. On April 18, 2017, the Plaintiff: (a) leased the building indicated in the attachment (hereinafter “instant real estate”) to the Defendant with the indication of the attached real estate (hereinafter “the instant real estate”) KRW 5,000,000, monthly rent of KRW 600,000 (payment on the 20th of each month); and (b) from April 20, 2017 to April 19, 2019; and (c) agreed to increase the deposit of KRW 5,00,000 by July 31, 2017; and (d) the rent of KRW 550,000 per month.

(hereinafter “instant lease agreement.” The Defendant paid KRW 5,00,000 to the Plaintiff at the time of the instant lease agreement, and occupied and used the instant real estate.

B. The Defendant did not pay to the Plaintiff the increased deposit KRW 5,00,000 as stipulated in the instant lease agreement. Accordingly, the Plaintiff sent to the Defendant a certificate that the said lease agreement was terminated on or around January 8, 2018 on the grounds that the said agreement was not fulfilled. At that time, the said certificate was served to the Defendant.

C. Meanwhile, the Defendant did not pay the rent from February 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the claim for the delivery of a building, the instant lease agreement was lawfully terminated upon the arrival of the notice of termination on January 8, 2018, which included the Plaintiff’s declaration of intent to terminate the said contract on the ground of the non-performance of the obligation to pay additional deposit under the special agreement.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. As to the claim for money, the Plaintiff filed a claim for unjust enrichment equivalent to the monthly rent of KRW 2,400,000 in total, from February 2, 2018 to May 2018, and damages for delay thereof, and the amount of monthly rent of KRW 600,00 in total, calculated from May 21, 2018 to the completion date of delivery of the instant real estate.

The lease deposit shall accrue from the lease until the object is delivered to the lessor after the lease contract is terminated.

유사 판례

-서울서부지방법원 2020.02.13 2019가단254737

-대전지방법원천안지원 2019.02.27 2018가단112778

-서울서부지방법원 2019.01.17 2018가단10572

-서울남부지방법원 2019.07.25 2019나50616

-서울서부지방법원 2019.03.14 2018가단228656