(영문) 수원지방법원성남지원 2017.10.13 2017가단209500

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) 수원지방법원성남지원 2017.10.13 2017가단209500

건물명도(인도)

Text

1. The Defendants:

A. It delivers to the Plaintiff (Appointed Party) and the Appointed D real estate stated in the separate sheet, and B.

Reasons

1. Facts of recognition;

A. On September 30, 2016, the Plaintiff (Appointed Party; hereinafter the Plaintiff) and the Appointor D (hereinafter the Appointor) concluded a lease agreement between the Defendants on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the deposit amount of KRW 200,000,000, monthly rent of KRW 18,000,00 (excluding value-added tax), and the lease period of the lease was from November 16, 2016 to November 16, 2021.

B. The Defendants are occupying and using the instant real estate in delivery on November 16, 2016, after paying the deposit to the Plaintiff and the designated parties.

C. The Defendants did not pay the monthly rent from December 23, 2016.

On April 3, 2017, on the grounds that the Plaintiff and the designated parties had been in arrears not less than twice, the Plaintiff sent the Defendants a certificate of content that contains an intent to terminate the lease agreement to the Defendants, and reached the Defendants around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts found in the above determination, since the instant lease contract was lawfully terminated, the Defendants jointly delivered the instant real estate to the Plaintiff and the designated parties, and jointly pay the Plaintiff and the designated parties for a period of four months from December 23, 2016 to April 22, 2017, with the obligation to pay the amount of unjust enrichment calculated at the rate of 39,60,000 won (including value-added tax x 1/2) x 1/2 x 5% per annum from April 23, 2017 to May 11, 2017, and 15% per annum from the next day to the date of full payment, and from April 23, 2017 to the date of delivery of the instant real estate to the Plaintiff and the designated parties, the amount of unjust enrichment calculated at the rate of 9,90,000 won per annum from April 23, 2017 to the date of full payment.

3. citing the Plaintiff’s claim for conclusion

유사 판례

-서울동부지방법원 2018.07.19 2017가단136611

-서울중앙지방법원 2017.05.26 2016나56501

-제주지방법원 2019.02.15 2018나11503

-울산지방법원 2018.03.29 2017구합6338

-서울중앙지방법원 2017.08.09 2017가단25251