logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2021.01.20 2020가단90168
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 23, 2020, the above real estate.

Reasons

1. Facts of recognition;

A. On January 19, 2018, the Plaintiff and the Defendant entered into a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 30,00,000, monthly rent of KRW 1,100,000 (repaid on January 22), the lease term of KRW 22,00 (repaid on January 23, 2018) and from January 23, 2018 to January 22, 2020 (hereinafter “instant lease agreement”). The Plaintiff delivered the instant real estate to the Defendant on January 23, 2018, and the Defendant occupied the instant real estate by paying a lease deposit under the instant lease agreement.

B. On January 22, 2019, the Defendant did not pay KRW 1,100,000 of the monthly rent (the rent that was incurred from December 23, 2018 to January 22, 2019) to be paid under the instant lease agreement, and thereafter did not pay the rent thereafter.

(c)

On September 11, 2019, the Plaintiff returned KRW 3,000,000, out of the deposit for the lease of the instant lease contract, to the Defendant at the Defendant’s request.

[Ground of recognition] Unsatisfy, Gap 2 and 3 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts found, the Defendant could be found to have not paid rent more than twice, and the instant lease agreement was terminated by serving a written complaint of this case indicating his intention to terminate the lease agreement.

B. Since the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the unpaid rent at the rate of KRW 1,100,000 per month from July 23, 2020 to the completion date of the delivery of the instant real estate, which is sought after deducting the rental deposit from the rental deposit.

(1) The Plaintiff: (a) deducted total of KRW 20,900,000 from December 23, 2018 to July 22, 2020 from the deposit amount of KRW 30,000; and (b) paid KRW 3,00,000 from the deposit of KRW 3,00,000 to the Defendant.

The lease deposit under the instant lease agreement remaining after the Plaintiff’s deduction and partial refund is KRW 6,100,000.

3. Conclusion.

arrow