logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.10 2017가단210355
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants jointly deliver the real estate listed in the separate sheet;

B. The defendants are jointly and severally 4.

Reasons

1. Facts of recognition;

A. On April 1, 2016, the Plaintiff leased the real estate listed in the attached Form (hereinafter “instant real estate”) to Defendant B with the lease deposit of KRW 10 million, KRW 60 million per month, KRW 660,000 per month, and from April 1, 2016 to April 1, 2018 (hereinafter “instant lease agreement”), and Defendant B paid KRW 2 million to the Plaintiff on the same day.

B. On April 1, 2016, Defendant B subleted the instant real estate to Defendant C with the Plaintiff’s consent, and Defendant C, from the same day, engaged in freezing production and sales business in the name of D from the instant real estate.

C. Defendant B did not pay 8 million won the remainder of the lease deposit to the Plaintiff, and did not pay that amount from November 1, 2016.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement by serving the copy of the instant complaint on the grounds of the unpaid lease deposit and the delinquency in rent. On May 19, 2017, the duplicate of the instant complaint was served on Defendant B.

[Ground of Recognition] With respect to Defendant B: The absence of dispute, each entry of Gap evidence 1 and 2 (including branch numbers in case of additional number), the purport of the whole pleadings, as to Defendant C: deemed confession

2. According to the facts of the determination on the claim for extradition of real estate, the instant lease agreement was lawfully terminated and terminated on May 19, 2017, and thus, the said sub-lease agreement was naturally terminated.

Therefore, the Defendants jointly have the duty to deliver the instant real estate to the Plaintiff.

3. Determination on the claim for rent

A. 1 Plaintiff’s assertion on the cause of the claim did not pay KRW 8 million to Defendant B, so it would be KRW 80,000,000 per annum 12% per annum for calculation of the monthly rent when the monthly rent converted under the Commercial Building Lease Protection Act. Therefore, the said security deposit is calculated as monthly rent. The Defendants’ rent is KRW 660,000 per annum as stipulated in the instant lease agreement.

arrow