logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2019.01.11 2018가단55343
건물명도(인도)
Text

1. From 3,750,000 to 3,750,000 won from the Plaintiff, the Defendant indicated the annexed drawings among the buildings listed in the annexed list from November 7, 2018 1,2.

Reasons

1. Facts of recognition;

가. C은 2013. 11. 7. 피고에게 당시 C 소유이던 별지 목록 기재 건물 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 42.9㎡(이하 ‘이 사건 건물’이라 한다)를 임대차보증금 15,000,000원, 월 차임 1,250,000원(후불), 임대기간 2013. 11. 7.~2018. 11. 6.로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

The Defendant paid a lease deposit to C pursuant to the instant lease agreement, and occupies and uses the instant building from October 30, 2017.

C. On December 13, 2017, the Plaintiff purchased the instant building from C and succeeded to the lessor’s status of the instant lease agreement.

As the Defendant did not pay monthly rent from September 2017, on April 9, 2018, the Plaintiff sent a certificate of content to notify the termination of the instant lease agreement on the ground that the Defendant did not pay the rent for at least three months, and the said certificate was served to the Defendant around that time.

E. From September 7, 2017 to November 6, 2018, the Defendant paid KRW 6,250,000 out of the rent and unjust enrichment (= KRW 1,250,000 x 14 months) incurred between September 7, 2017 and November 6, 2018 as follows:

Temporary amount of KRW 6,250,000 on November 1, 2018, 2018, KRW 2,500,000 on June 26, 2018, KRW 6,250,000 on the aggregate of KRW 6,250,00 on November 1, 2018 (based on recognition) without dispute, entry in the evidence No. 1-6, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the above facts, until April 9, 2018, the Defendant delayed the payment of the rent for the three-year period to the Plaintiff. Accordingly, the Plaintiff sent a certificate indicating the intent to terminate the instant lease agreement on the grounds thereof, and the above content certification reached the Defendant. As such, the instant lease agreement was lawfully terminated.

Meanwhile, the lease deposit under the instant lease agreement is KRW 15,00,000 as seen earlier. On November 6, 2018, the rent or unjust enrichment accrued by the Defendant by November 6, 2018 = 11,250,000 = 17.

arrow