logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2019.05.28 2018가단58224
차임 등 청구의 소
Text

1. The Defendants are to the Plaintiff:

(a) deliver the second floor of 31.32 square meters among the buildings listed in the attached list;

(b) Joint and several offices shall be held on September 2014.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1, 3, 4, and 6, the plaintiff completed the registration of ownership transfer on December 27, 2012 with respect to the real estate listed in the separate sheet (hereinafter referred to as "instant commercial building") on October 30, 2012. The defendants occupied and used the second floor among the instant commercial buildings by leasing the second floor from the plaintiff at KRW 450,000 per month. The defendants paid the contract rent to the plaintiff by August 31, 2014, but the subsequent rent was in arrears. The plaintiff demanded that the plaintiff pay the overdue rent to the defendants on September 5, 2018, and requested that the plaintiff deliver the second floor among the commercial buildings of this case by September 30, 2018, and that the plaintiff did not have consented to the delivery of the above documents to the plaintiff until December 13, 2018.

Therefore, the lease contract between the Plaintiff and the Defendants was terminated on September 30, 2018, where the Plaintiff demanded the termination of the lease contract and the delivery of the leased object on the grounds of the Defendants’ delinquency in rent.

Therefore, the Defendants are obligated to deliver the second floor among the instant commercial buildings to the Plaintiff, and are jointly obligated to pay the Plaintiff rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 450,000 per month from September 1, 2014 to the completion date of delivery of the second floor among the instant commercial buildings from September 1, 2014, which is the day following the last day of payment of rent to the Plaintiff

The Defendants asserted that the rent for the second floor among the instant commercial buildings was KRW 400,00 per month and the management fee was KRW 50,000 per month. However, according to the statement in the evidence No. 6, it is recognized that Defendant C stated that the rent was KRW 450,00 per month, and as seen earlier, the Defendants continued to pay the rent of KRW 450,00 per month to the Plaintiff until August 31, 2014. As such, the agreed fee between the Plaintiff and the Defendants is KRW 450,00 per month.

arrow