logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.19 2016가합52545
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 2 list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The description of the reasons for the claim is as shown in Appendix 1;

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable Act;

3. According to the conclusion, the Defendant is obligated to receive from the Plaintiff the remainder lease deposit of KRW 27,50,000 from May 1, 2016 to the time the delivery of real estate listed in the separate sheet 2 is completed at the rate of KRW 9,90,00 per month or the remainder after deducting the amount equivalent to the rent from delayed rent of KRW 9,90,00,00 from May 1, 2016 to the time the delivery of real estate listed in the separate sheet 2 is completed, and at the same time to deliver to the Plaintiff the real estate listed in the separate sheet 2. From May 1, 2016 to August 19, 2016, the amount of overdue rent of KRW 35,767,741 [=29,700,000 + KRW 9,900,000 x 3 months x 90,000 x 19,310], and there is no further difference between the Plaintiff and the above 250.

In the instant lawsuit seeking to return the remainder of the lease deposit after deducting the amount of overdue rent and unjust enrichment equivalent to the rent from the above lease deposit KRW 27,550,000, the judgment of simple performance, which is not a judgment of simultaneous performance, is rendered, unless there is any remainder of the lease deposit, after deducting the amount of overdue rent and unjust enrichment from the above lease deposit.

Even if it does not violate Article 203 (Principle of Disposition) of the Civil Procedure Act.

Therefore, the defendant is obligated to deliver to the plaintiff the real estate stated in the separate sheet No. 2 regardless of whether the above lease deposit is returned.

I would like to say.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

arrow