logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.15 2018가단5205219
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From May 25, 2018:

buildings described in paragraph (1);

Reasons

1. Facts of recognition;

A. On November 14, 2017, the Plaintiff leased a building listed in the attached list to the Defendant with a lease deposit of KRW 30 million, KRW 1.3 million per month (payment on November 25), and the lease period from November 25, 2017 to November 24, 2019.

B. The Defendant did not pay the rent for May and June 2018. On July 4, 2018, the Plaintiff sent to the Defendant a document evidencing the effect that the lease contract is terminated because the overdue overdue amount reaches two months, and the following day reaches the Defendant.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease agreement between the Plaintiff and the Defendant was terminated on July 5, 2018, when the Plaintiff’s notice of termination of the contract was delivered to the Defendant due to the delinquency in rent for at least two years.

Therefore, the defendant is obligated to deliver the building indicated in the attached list to the plaintiff, and pay monthly rent and unjust enrichment equivalent to the rent by the rate of KRW 1,300,000 per month from May 25, 2018 to the completion date of delivery of the above building.

B. As to this, the Defendant attempted to pay the Plaintiff the unpaid rent with the delayed payment of two months of the monthly rent, but the Plaintiff forced the Plaintiff to close the existing deposit account and set up an unconditional house, and thus, the Plaintiff’s claim is unreasonable. However, the Plaintiff is entitled to pay the unpaid rent.

The termination of the contract after the termination of the lease contract, such as Paragraph (1), does not affect the termination of the contract.

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim is justified.

arrow