logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.17 2017나3877
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall provide the plaintiff with reinforced concrete on the ground of Gwangju Northern-gu C and cement.

Reasons

On August 2014, the Plaintiff asserted that the cause of the claim was determined and leased to the Defendant the lease deposit amount of KRW 1,00,000, monthly rent of KRW 200,000 (hereinafter “instant real property”) and the instant real property was handed over to the Defendant around that time, among the first floor of the second floor of Gwangju Northbuk-gu ground reinforced concrete and cement brick brick slive structure, and the second floor of the second floor of the apartment and the second floor of the tea, the annexed drawings indicating 1,2, 3, 4, and 1.5 square meters (hereinafter “instant real property”).

However, the defendant did not pay properly that he was the car, and the contact was cut off from October 2015.

Therefore, the plaintiff notifies the defendant of the termination of the above lease contract by serving a duplicate of the complaint of this case, and the defendant is obligated to deliver the real estate of this case to the plaintiff.

Judgment

According to Gap evidence Nos. 4 and 5 (including additional numbers), the defendant deposited KRW 400,00 on June 30, 2015 with the Plaintiff’s account, and KRW 240,000 on September 10, 2015, respectively, with the Plaintiff’s account; and on April 26, 2016, prior to the filing of the instant lawsuit, the Plaintiff can recognize the fact that the Plaintiff sent a content-certified mail to the Defendant requesting the termination notice of the lease agreement, the name of the building, and the payment of the delinquent rent.

According to the above facts, a lease agreement on the instant real estate was concluded between the Plaintiff and the Defendant around August 2014, and the Plaintiff transferred the instant real estate to the Defendant around that time, and the Defendant did not pay two or more rents to the Plaintiff.

On the other hand, the fact that the copy of the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the above lease contract on the grounds of the Defendant’s delinquency in rent more than two times, is apparent in the record that it was served on March 3, 2017 to the Defendant by means of service by public notice, and the above lease contract was terminated on March 3, 2017.

Therefore, the defendant is obligated to deliver to the plaintiff the real estate of this case which is the object leased.

Then, the plaintiff's objection.

arrow