logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.05.01 2017가단33823
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 20, 2017, KRW 3,250,00 and the above.

Reasons

1. Facts without dispute;

A. On June 17, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by designating the deposit of KRW 10 million, monthly rent of KRW 2 million, and the lease term of June 30, 2016. The Plaintiff agreed to terminate the lease contract when the Defendant, the lessee, pays the local tax imposed on the instant real estate, and is unpaid for at least three months.

B. On June 17, 2016, the Plaintiff and the Defendant extended the contract term by June 30, 2018.

C. The Defendant did not pay KRW 2 million out of the rent in June 2016, and KRW 1 million out of March 2017.

2. The parties' assertion

A. The Plaintiff’s assertion did not pay KRW 8 million from April 2017 to July, 201, and the Defendant did not pay KRW 2.25 million local tax to be paid by the Defendant.

Therefore, since the defendant did not pay rent for more than three months, the lease contract is terminated by serving a copy of the complaint of this case as stipulated in the lease contract.

The Defendant is obligated to deliver the instant real estate, which is the leased object, to the Plaintiff, and to pay 3.25 million won after deducting deposit of KRW 10 million from the total amount of unpaid rent and local tax, and the amount of unjust enrichment equivalent to rent or rent from August 20, 2017.

B. On March 2017, the Plaintiff and the Defendant agreed that the Defendant transferred all of the facilities to the Plaintiff including the name of the entertainment tavern permission, deducted the overdue rent from the security deposit, and that the Plaintiff would sell the entire building including the instant real estate or pay a rent until the Defendant disposes of the entertainment tavern.

Therefore, the plaintiff's allegation of termination of the lease contract is unfair on the ground that the defendant's delinquency for more than three months is a difference.

In addition, on March 2015, the Plaintiff exempted the payment of local taxes as the Defendant closed one of the entertainment tavern rooms and did not pay entertainment taxes.

arrow