logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.02.19 2019가단209825
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 800,000 and Appendix from June 4, 2019.

Reasons

1. Facts of recognition;

A. On May 21, 2018, the Defendant agreed to lease real estate listed in the separate sheet (hereinafter “instant apartment”) owned by the Plaintiff with the Plaintiff as KRW 10,00,000, monthly rent of KRW 900,000 (after June 3, 2018), and the lease term of the instant apartment from June 4, 2018 to June 3, 2019 (hereinafter “instant lease contract”), and according to the said lease contract, the Defendant acquired the instant apartment from the Plaintiff and occupied it by transfer.

B. The defendant did not pay monthly rent.

Accordingly, on August 27, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “it shall terminate the instant lease agreement on the ground that it is not less than 1,80,000 won,” and on September 13, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “it shall be more than 2,700,000 won that it is a delayed monthly vehicle (three-year period period).” On September 13, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “it shall terminate the instant lease agreement if it is not paid by October 4, 201,” but the Defendant did not pay a vehicle even thereafter.

C. The Plaintiff filed the instant lawsuit seeking delivery of the instant apartment and payment of unpaid monthly rent, and the duplicate of the instant complaint was served on the Defendant on March 8, 2019.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings

2. According to the above fact-finding, since the lease contract of this case was terminated on the basis of the defendant's second or more monthly rent overdue, the defendant is obligated to deliver the building of this case to the plaintiff, and as requested by the plaintiff, the amount of 800,000 won [12 months until June 3, 2019 x 10,800 won (12 months x 900,000 won) - deposit 10,000 won] from June 4, 2019 to June 3, 2019 and the defendant corresponding to the unjust enrichment amount of 90,000 won calculated at the rate of 90,000 won from June 4, 2019 to June 3, 2019 to the date of delivery of the apartment of this case.

arrow