logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.11.22 2013가단72391
건물명도
Text

1. The defendants are each the plaintiff at the window of Changwon-si.

Reasons

1. Facts without dispute;

A. On September 1, 2012, the Plaintiff: (a) decided to lease 445,33 square meters (hereinafter “instant building”) of the Cheongwon-si general Cheongwon-si’s Cheongwon-si’s counter-site factory 445,33 square meters (hereinafter “instant building”); and (b) concluded a lease contract with the content of the instant building as of September 1, 2012, as of October 5, 2012, the deposit amount of KRW 5,000,000, monthly rent of KRW 220,000 (including additional tax); (c) the delivery date as of September 1, 2012; and (d) August 31, 2013, the expiration date of the lease term.

B. Since then, Defendant B subleaseed the instant building to Defendant C.

C. Defendant B paid the Plaintiff monthly rent without delay, and only paid 2 million won, excluding the value added tax, from September 1, 2012.

C. On January 29, 2013, the Plaintiff returned the deposit to Defendant B by February 28, 2013, and the Defendants delivered the instant building to the Plaintiff by February 28, 2013, and Defendant B agreed to pay the unpaid value and electricity tax to the Plaintiff.

(hereinafter referred to as "the instant arrangement") 2. Determination on the cause of the claim

A. According to the above facts, the defendants are obligated to deliver the building of this case to the plaintiffs in accordance with the agreement of this case, and the defendant B is obligated to pay unjust enrichment equivalent to the rent until delivery is completed. The defendant B is obligated to pay unpaid surcharges and electricity taxes to the plaintiff.

B. Meanwhile, Defendant B asserted that the amount of electricity payable to the Plaintiff by Defendant B was KRW 1,062,758, and Defendant B claimed that the amount of electricity payable to the Plaintiff was KRW 842,649, and thus, according to the evidence No. 4-1 cited by the Plaintiff as the ground for its assertion, Defendant B’s total amount of electricity tax of KRW 4,883,67 up to February 14, 2013 is KRW 1,062,758, and according to the evidence No. 8, Defendant B’s unpaid amount was deducted from the deduction amount of KRW 4,883,67 up to September 17, 2012. According to the evidence No. 8, Defendant B paid the said amount by September 17, 2012. However, Defendant B’s evidence No. 8-58.

arrow