logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.12.16 2016나835
건물명도등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 1,112,233 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On October 11, 2010, the Plaintiff leased the instant building to the Defendant as KRW 10,00,000 for lease deposit, KRW 550,00 for each month of rent (including value-added tax), and KRW 246,40 for management expenses (including value-added tax, KRW 14,00 for each ordinary day, KRW 14,00 for each ordinary day, and KRW 13,000 for each ordinary day after July 2013), and the period from October 11, 201 to October 10 for the lease.

(hereinafter “instant lease agreement”). B.

Article 8 (2) of the instant lease agreement provides that "the defendant shall pay the rent and management expenses for the relevant month to the defendant by the 10th of the following month," and stipulates that the rent shall be deposited into the plaintiff's account, and the management expenses shall be deposited into the D's account that manages the condominium building including the instant building, in the end of the contract of this case.

Meanwhile, Article 16(2)4 of the instant lease agreement provides that the Plaintiff may terminate the lease agreement in cases where the Defendant has failed to pay the rent and management fee for not less than 2 months without prior understanding.

C. Since then, the instant lease agreement was explicitly renewed, the Defendant occupied and used the instant building by November 14, 2015.

The Defendant did not pay rent from February 11, 2014 to February 10, 2015, and paid rent of KRW 7,700,000 for the monthly rent of March 14, 2015, and paid KRW 1,100,000 for the monthly rent of KRW 2 months on May 15, 2015, and paid the rent of KRW 1,100,000 until June 10, 2015.

Meanwhile, the Defendant paid KRW 2,00,000 as management expenses and public charges on March 9, 2015, when the Defendant did not pay management expenses and public charges from March 2013. The management expenses and public charges that the Defendant failed to pay until April 2015 are KRW 5,812,489.

E. On March 18, 2014, the Plaintiff notified the Defendant that the instant lease contract will be terminated due to the unpaid rent and management fee.

F. After the judgment of the first instance court was rendered, the Defendant delivered the instant building to the Plaintiff on November 14, 2015, which was the first instance court, and the Plaintiff deducted the following amount from the lease deposit of KRW 10 million:

arrow