(영문) 청주지방법원영동지원 2020.10.30 2020가단291

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) 청주지방법원영동지원 2020.10.30 2020가단291

건물인도 등

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

The defendant shall pay to the plaintiff KRW 2,700,000 and June 1, 2020.

Reasons

1. Facts of recognition;

A. On May 14, 2014, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On April 1, 2015, the Plaintiff: (a) leased the instant real estate to the Defendant by setting the lease deposit amount of KRW 1,000,000; (b) monthly rent of KRW 200,000; and (c) the lease period of KRW 1,00,000; and (d) from April 1, 2015 to March 31, 2016; (b) delivered the instant real estate on the same day; and (c) the said lease was implicitly renewed.

B. On April 1, 2015, the Defendant paid KRW 1,000,000 to the Plaintiff as a deposit for lease. From April 1, 2015 to October 16, 2020, the Defendant paid KRW 8,700,000 in total as the rent for the instant lease from April 1, 2015 to October 16, 2020, which is the date of the closing of the instant argument, and currently occupies the instant real estate.

C. While filing the instant lawsuit, the Plaintiff terminated the instant lease agreement on the ground that the Defendant did not pay two or more rents, and declared that the Plaintiff intended to seek the delivery of the instant real estate, and the duplicate of the instant complaint containing the said content was served on the Defendant on August 2, 2020.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease contract was lawfully terminated by being served on August 2, 2020 on the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate.

B. Furthermore, among April 1, 2015 through May 31, 2020, the Defendant is obligated to pay to the Plaintiff KRW 3,700,000 [the rent of KRW 12,400,000 among the months = 62 months x 62 months] - KRW 8,700,000, deducting the deposit amount of KRW 1,000 (=3,700,000 - 1,000,000) paid to the Plaintiff by the Defendant].

C. In addition, the defendant's use of and profit from the real estate of this case is reasonable as rent.

유사 판례

-대구지방법원 2016.09.01 2014가합8336

-의정부지방법원 2016.09.29 2016가합54022

-서울중앙지방법원 2019.11.14 2018가단5242232

-창원지방법원 통영지원 2018.11.14 2018가단3907

-서울중앙지방법원 2020.03.11 2018가단5163360