logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.12.01 2017가단13901
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) delivered to the Plaintiff (Counterclaim Defendant) a building indicated in the separate sheet from July 5, 2017.

Reasons

1. On February 13, 2015, the Plaintiff entered into a contract with the Defendant under which the building indicated in the separate sheet (hereinafter “instant building”) was leased to the Defendant under the following conditions (hereinafter “instant lease contract”). A.

Lease Deposit: 2 million won

(b) Rent: 200 thousand won per month;

(c) The payment date of rent: The fifth day of each month;

(d) Term of lease: From February 13, 2015 to March 4, 2017;

E. Terms and conditions of termination of a contract: A lessor may terminate a contract where the lessee has not paid a rent for at least two months (Article 7). On February 15, 2015, the Plaintiff drafted the Defendant’s spouse “D” under the Defendant’s spouse’s name, but did not dispute the Plaintiff and the Defendant.

B. Around that time, the instant building and the store in the name of “C” (hereinafter “instant store”) operated by the store in the name of “C” (hereinafter “instant store”) was entered into a contract under which all rights, such as goodwill, facilities, and materials, are transferred to the Defendant, and the premium of KRW 12 million was paid (hereinafter “instant contract for acquisition of the instant store”), and around that time, the remainder of the said contract was agreed to receive KRW 11 million out of the premium, and was not paid until May 5, 2015.

On February 7, 2017, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would raise the amount of KRW 250,000 per month after the expiration of the instant lease agreement.

Therefore, the defendant could not respond to the above request and paid KRW 2,00,000,000 to the rent of one month immediately prior to the date of March 5, 2017, and did not pay the rent thereafter, and around March 27, 2017, the plaintiff should return the lease deposit amount of KRW 2,00,000 and the premium of KRW 11,00,000 to the plaintiff on June 30, 2017, since the lease contract of this case is terminated in accordance with Article 10(5) of the Commercial Building Lease Protection Act.

arrow