logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.07.23 2014나5245
건물명도등
Text

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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on 4,627.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 15, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant to the Defendant, with a deposit of KRW 5 million, monthly rent of KRW 300,000 (pre-paid payment on August 19, 2013), the lease period from August 19, 2013 to August 18, 2014, and the contract may be terminated if the two-term rental fees are delayed. At that time, the Plaintiff received the said deposit from the Defendant.

B. From October 19, 2013, the Defendant occupied and used the said real estate without paying rent, water supply tax, 116,320 won, urban gas fee of 236,410 won, and electricity fee of 19,730 won.

C. On February 19, 2014, the Plaintiff sent to the Defendant a content-certified mail stating the Defendant’s declaration of intent to terminate the said lease agreement, on the grounds that the Defendant did not pay more than two times of rent, and sent it around that time.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Gap's 5-1 to 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that the above content-certified mail was terminated on the ground that the defendant delayed the payment of more than two lease fees, and that the above lease contract was terminated on the ground that the above contents-certified mail reached the defendant and the above lease contract was terminated, and the plaintiff asserts against the defendant that the delivery of the above real estate, the unpaid rent until the delivery of the above real estate, and the return of unjust enrichment equivalent to the rent.

B. The Defendant suffered losses of 4,99,730 won in total (2,70,000 won in the stamp book market price of 2,00,000 won in Yangyang, which is KRW 88,70,00,000 in the stamp book market price of 2,000,000,000 won in damages of 3,330,000 won in the rent book), such as the expenditure of the raw water and the fungtoy raised with water generated from the above real estate, and the expenditure of the medical expenses of the fungyang and the fungtoyland. The Plaintiff suffered damages of 5,00,000 won in the lease deposit.

arrow