logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.08.11 2015가단10526
건물명도등
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 5,000,000 and this shall apply thereto.

Reasons

1. Basic facts

A. On September 10, 2013, the Plaintiff leased to the Defendant the real estate indicated in the attached Form (hereinafter, the instant real estate) with the lease deposit of KRW 10,00,000, monthly rent of KRW 600,000 (increased to KRW 900,000 after one year), and with the lease term of September 9, 2015 (hereinafter, the instant lease agreement) by setting the lease term as until September 9, 2015.

B. The Defendant agreed to pay the remainder of KRW 5,000,000 to the Plaintiff on October 30, 2010, upon the conclusion of the instant lease agreement, after paying KRW 5,000,000 among the security deposit, but did not pay it.

C. The Defendant did not pay the rent from November 2014.

On March 4, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delay in paying the deposit and the delay in paying the monthly rent for four consecutive months.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant did not pay KRW 5,00,000 out of the lease deposit under the instant lease agreement, and delayed the payment of rent from November 2014. As seen earlier, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on March 4, 2015.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return unjust enrichment calculated at the rate of KRW 900,000 per month, which is the monthly rent from November 1, 2014 to the completion date of delivery of the instant real estate.

B. We examine the part claiming interest on the deposit, and the fact that the Defendant failed to pay KRW 5,00,000 out of the deposit for lease until October 30, 2013 is as seen earlier, and therefore, the Defendant’s failure to pay the Plaintiff KRW 5,00,000 from October 31, 2013 to March 5, 2015 is reasonable to deem that the instant contract was lawfully terminated.

arrow