(영문) 서울서부지방법원 2015.09.04 2015가단14887

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) 서울서부지방법원 2015.09.04 2015가단14887

건물명도

Text

1. The Defendants are to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

(b) be jointly and severally liable for 8,400,000 won and those;

Reasons

1. Facts of recognition;

A. On February 5, 2014, Defendant B entered into a lease agreement with the Plaintiff on the condition that the building listed in the separate sheet (hereinafter “instant building”) was leased KRW 20 million, monthly rent of KRW 700,000 (prepaid on February 18, 2014), and KRW 24 months from February 18, 2014 to February 18, 2016, and paid KRW 20 million to the Plaintiff. The said building was delivered, and was occupied and used until the date of the closing of argument in the instant case.

B. Defendant B requested the Plaintiff to change the lessee’s name to Defendant C under the lease agreement after paying the lease deposit to the Plaintiff. Defendant C and the Plaintiff are the same.

The lease contract with the same content as the entry in the port was concluded again.

C. From April 18, 2014, the Defendants did not pay the Plaintiff the fee. On December 10, 2014, the Plaintiff sent a content-certified mail containing a declaration of intent to terminate the lease agreement in the event that the Defendants did not pay the rent for eight months overdue to the Defendants within seven days, and the said mail reached the Defendants around December 15, 2014.

[Ground for Recognition] Defendant B: The fact that there is no dispute, entry of evidence Nos. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B, as the actual lessee, was obligated to pay the Plaintiff the rent under the lease agreement, as the lessee under the lease agreement, but the Defendant C delayed the payment of rent for more than two months. On this ground, the lease agreement concluded between the Plaintiff and the Defendants was lawfully terminated upon the Plaintiff’s declaration of intent to terminate the contract.

Therefore, barring special circumstances, the Defendants are obligated to deliver the instant building to the Plaintiff and jointly and severally pay the unpaid rent or unjust enrichment equivalent to the rental fee.

Furthermore, the Defendants are not obligated to pay to the Plaintiff.

참조조문

-민사소송법 제150조 제3항

유사 판례

-대구지방법원 2016.01.13 2015나305540

-대구지방법원 서부지원 2017.01.20 2016가합52501

-의정부지방법원 2017.10.19 2017가단102747

-부산지방법원 2018.10.04 2017가단318524

-부산지방법원 2017.11.16 2017가단24867