logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.01.25 2018가단87855
건물명도(인도)
Text

1. The Defendant:

가. 별지 목록 기재 건물 지층 121.43㎡ 중 별지 도면 표시 ⑴, ⑵, ⑽, ⑾, ⑿...

Reasons

1. Indication of claim;

A. (1) The Defendant, on October 27, 2015, requested the Plaintiff to pay rent of KRW 3,000,000, monthly rent of KRW 320,000 (the last day of each month of the rent payment date), and KRW 24 months for the rent period. (2) The Defendant paid rent appropriately from June 2015 to April 2017. However, the Defendant requested the Plaintiff to pay rent of KRW 280,000 for unpaid rent of KRW 280,000 from May 2017 (total amount of KRW 2,200,000) but it did not pay rent until now.

Until now, the rent of 5,080,000 won is unpaid, which includes the unpaid rent of 2,880,000 won from December 2017 to August 2018.

3) The Defendant has no performance in advance so far, and the Defendant has been unable to order the leased building due to the Defendant’s continuous default of the rent, and the Plaintiff is unable to leave the leased building alone, and thus, filed a claim against the Defendant for unjust enrichment on the basis of the rent from the date of completion of the name of the building, the rent for delay, and the rent from the date of completion of the order. The partial dismissal portion (part of the rent in arrears up to the end of August 2018): On the second date for pleading, as the Plaintiff’s agent stated on the date of the instant lawsuit, KRW 1.4 million was deducted from the sum of the rent in arrears until August 2018, the remaining KRW 3.68,000 after deducting the sum of the rent in arrears paid by the Defendant from the sum of the rent in arrears until the end of August 2018 and the delivery date of the complaint in this case (within this date, until a dispute over the scope of the Defendant’s performance obligation is reasonable, recognizing the amount exceeding 5% per annum under the Civil Act and the amount of delay.

2. Grounds for determination: Article 208 (3) 3 of the Civil Procedure Act.

arrow