logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.02.15 2018가단247578
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet A, B, D, C, and A shall be as follows.

Reasons

1. Facts of recognition;

A. On September 21, 2015, the Defendant: (a) leased from E the lease deposit KRW 100,000,000,000,000 per annum (hereinafter “instant building”); and (b) on September 25, 2015, KRW 350,000 per month; and (c) on September 24, 2016, the lease agreement was explicitly renewed even after the lease term expires.

B. On March 20, 2018, the Plaintiff acquired ownership of the instant building and succeeded to the lessor’s status of the said lease agreement.

C. On September 25, 2015, the Defendant continued possession and use of the instant building upon delivery, and did not pay KRW 5,390,000 in total as of August 24, 2018 and KRW 6,58,710 in total as of August 24, 2018, and paid KRW 1,168,710 to the Plaintiff. On October 1, 2018, the Defendant deposited KRW 1,000,000 to the Plaintiff.

The plaintiff notified the defendant of the termination of the above lease contract on the ground that the service of the duplicate of the complaint of this case was overdue, etc.

(Service Date on November 5, 2018) / [Ground for Recognition] A, each entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination of the above lease agreement was terminated on November 5, 2018 by the Plaintiff’s notice of termination.

The Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the overdue rent of KRW 5,58,710 (=5,390,000, KRW 1,168,710-1,00,000) and unjust enrichment equivalent to the rent or rent of KRW 350,00 per month from August 25, 2018 to August 25, 2018.

arrow