(영문) 인천지방법원 2018.10.24 2018가단218600

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) 인천지방법원 2018.10.24 2018가단218600

건물명도(인도)

Text

1. The defendant

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

(b) As from April 1, 2018, KRW 17,99,90 and the foregoing.

Reasons

1. Facts of recognition;

A. On April 14, 2017, the Plaintiff entered into the instant lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,500,000, and the period from May 1, 2017 to April 30, 2020 (36 months).

B. However, the Defendant did not pay the rent from July 2017 to September 2017, and did not pay the rent even thereafter.

C. On October 19, 2017 and November 7, 2017, the Plaintiff sent to the Defendant a certification of the content that contains an expression of intent to terminate the instant lease agreement on the grounds of delinquency in the payment of rent. At that time, the Plaintiff was served on the Defendant.

As of March 31, 2018, the rent that the Defendant did not pay to the Plaintiff is KRW 17,99,900 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated by the service of content-certified mail containing the Plaintiff’s declaration of termination of the lease agreement due to the Defendant’s delinquency in rent, or by the service of a copy of the instant complaint.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff following the termination of the instant lease agreement, and return the amount of unjust enrichment equivalent to the rent calculated by the ratio of 4,500,000 per month from April 1, 2018 to the date following the base date, which is the sum of 17,99,900 won in arrears, and the date following the base date.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that the Plaintiff’s claim is unjustifiable, since it is expected to pay a rent in the future, since the above restaurant was not properly paid because the sale of the above restaurant was not good due to the issue of whether the visa of Turkey was not issued.

However, the instant lease agreement has already been lawful.

유사 판례

-창원지방법원통영지원 2020.02.13 2019가단4273

-인천지방법원 2018.01.10 2017가단12416

-광주지방법원 2020.11.26 2020가합52110

-대구지방법원 2018.12.11 2018가단14776

-서울북부지방법원 2018.09.19 2018나1856