(영문) 부산지방법원 동부지원 2018.06.20 2017가단10253

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) 부산지방법원 동부지원 2018.06.20 2017가단10253

건물명도 등

Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiffs currently share the real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 1/2 shares, respectively.

B. On September 21, 2016, Plaintiff A entered into a lease agreement with the Defendant with the terms that the instant real estate was leased KRW 10,000,000, monthly rent of KRW 1,000,000, and the term of lease from October 10, 2016 to October 10, 2018 (hereinafter “instant lease agreement”).

C. However, on January 11, 2017, the Defendant continued to pay the above rent, and the Plaintiff A notified the Defendant of the termination that “the Defendant delayed to pay the rent for the three-year period, and thus the instant lease contract was terminated.” At that time, the said notification reached the Defendant.

The defendant currently occupies the real estate of this case directly.

【Reasons for Recognition】 Each description of evidence Nos. 1, 2, 3, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease agreement was terminated on January 11, 2017 by Plaintiff A’s notice of termination on the ground of more than three years of rent, and thus, barring any special circumstance, the lessee of the instant real estate and the Defendant, who is the direct occupant, is obligated to deliver the instant real estate to the lessor or owner of the instant real estate.

B. As to this, the Defendant asserts to the effect that the Plaintiffs exempted the Defendant from paying a total of KRW 50,000,000,000, including indoor construction costs, etc., for a period of two months, and thus, it cannot be deemed that the Defendant did not delay the payment of more than three months at the time of the notification of termination. However, there is no evidence to acknowledge that the Plaintiffs exempted the Defendant from paying a two-month rent. Thus, the Defendant’s above assertion is without merit.

3. If so, the plaintiffs' claims against the defendant are with merit, it shall be accepted.

유사 판례

-서울중앙지방법원 2020.12.14 2019가단59401

-부산지방법원 2016.09.30 2016가단33826

-서울남부지방법원 2018.04.24 2017가단32828

-수원지방법원안양지원 2015.07.15 2015가단1060

-서울남부지방법원 2017.07.04 2017가단1572