(영문) 창원지방법원마산지원 2015.10.07 2015가단102227

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) 창원지방법원마산지원 2015.10.07 2015가단102227

건물명도

Text

1. The defendant against the plaintiffs

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

B. India from May 1, 2015.

Reasons

1. Basic facts

A. On February 23, 2010, D leased each real estate listed in the separate sheet (hereinafter “instant land and buildings”) owned by E from E on February 23, 2010, with a deposit of KRW 100 million, monthly rent of KRW 3.5 million, and period of KRW 3 million, and operated its address oil.

B. On May 11, 2012, the Plaintiffs registered the ownership transfer of the instant land and buildings with 1/2 shares in each of the Plaintiffs, and D concluded a lease agreement on the instant land and buildings on May 24, 2012, and deposit and rent were previously determined as the period until May 15, 2014.

C. On March 2014, the Plaintiffs entered into a lease agreement with the Defendant on the instant land and building (hereinafter “instant lease agreement”) and determined the deposit as KRW 50 million per month, and the rent as KRW 3 million per month, and the period until April 30, 2015.

The defendant has been operating a gas station by occupying the land and buildings of this case until now.

[Ground of recognition] Facts without dispute, Gap 1 and 4 evidence, the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, barring any special circumstance, the instant lease contract was terminated on April 30, 2015, and thus, the Defendant is obligated to deliver the instant land and buildings to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the monthly rent of KRW 3 million from May 1, 2015 to the completion date of the delivery.

3. Judgment on the defendant's assertion

A. (1) The Defendant’s assertion that the renewal agreement is asserted (i.e., the lease period shall be one year and the renewal of the adjustment is agreed with the lease amount. If real estate is sold or sold during the lease period, the lessee shall continue to exist only within the contract period and shall consult with the acquisitor of the real estate.” This is the period of one year until the Plaintiffs sell the land and buildings in this case to a third party, and the contract shall continue to be extended.

유사 판례

-대전지방법원천안지원 2020.10.14 2020가단102668

-대구지방법원경주지원 2012.12.07 2012가단1880

-청주지방법원 충주지원 2018.10.24 2018가단827

-대전지방법원 2019.01.10 2018가단202757

-서울중앙지방법원 2018.01.09 2017가단20911