logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.22 2014가단144915
건물명도등
Text

1. The defendant points out of the three floors of the building listed in the separate sheet to the plaintiffs, as indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. Basic facts

A. On August 22, 2012, the Defendant, under the name of H, leased the part of the building indicated in the Disposition 1.1 (hereinafter “instant building”) from the Plaintiffs from the Plaintiffs as to KRW 10 million, monthly rent of KRW 1,350,00, monthly management expenses (i.e., payment of KRW 30,000 each month in late payment, separate value-added tax), and the lease period of KRW 150,00 each month, and operated a dance clinic at the same time (hereinafter “instant lease agreement”) from October 1, 2012 to September 30, 2013.

B. On March 11, 2013, the Plaintiffs and the Defendant decided to name the lessee of the instant lease agreement as Defendant I’s father, and drafted a lease agreement again with the same content.

C. Since then, the instant lease contract was implicitly renewed, and around that time, the Plaintiffs and the Defendant agreed to reduce management expenses at KRW 100,000 per month.

As the Defendant was in arrears from December 2013, the Plaintiffs sent to the Defendant a certificate of content that notified the termination of the instant lease agreement to the Defendant on March 24, 2014, and the said certificate reached the Defendant’s side around that time.

E. On April 10, 2014, the Defendant paid the Plaintiffs KRW 1,595,00 ( KRW 1,350,000 additional tax amounting to KRW 145,00 for the management expenses of KRW 1,350,00 for the rent, etc., January 1, 2014) and KRW 1,495,000 for the rent, etc. (part of February 2, 2014).

F. On January 12, 2015, the Defendant reported the closure of the said dance clinic.

[Reasons for Recognition] Evidence No. 5, Evidence No. 8, Evidence No. 1, and Evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in payment, barring any special circumstance, the Defendant is obligated to issue an order to the Plaintiffs to order the instant building and return the rent and unjust enrichment until January 12, 2015.

A ground for calculation: 16,67,419 won = (2) ① ① the unpaid amount of 100,000 won out of the rent for February 2, 2014 ② From March 3, 2014 to December 2, 2014: 15,595.

arrow