logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.17 2017가단110714
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) is from 50,000,000 to 50,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from August 1, 2017.

Reasons

1. Facts of recognition;

A. On May 12, 2015, the Plaintiff entered into a lease contract of KRW 50,000,000, monthly rent of KRW 1,000,000, and KRW 2 years from June 1, 2015 to May 31, 2017, with respect to D apartment Nos. 404, 101 (the real estate of this case from the following to the real estate) operated by the Defendant and the Plaintiff as a child care center in Seongbuk-gu Seoul, Seongbuk-gu (the instant lease contract of this case).

B. On June 1, 2015, the Plaintiff handed over the instant real estate to the Defendant, and the Defendant occupies the said real estate and operates a child care center until now.

C. On March 27, 2017, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement.

From August 1, 2017, the Defendant did not pay a vehicle under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. According to the fact of finding the judgment on the main claim, the instant lease contract terminated upon the expiration of the period.

The Defendant is obligated to deliver the instant real estate to the Plaintiff and return the unjust enrichment for the rent of KRW 1,00,000 per month from August 1, 2017 to the completion date of delivery of the instant real estate.

The defendant asserted that the lease contract of this case was not terminated because the plaintiff agreed to continue the lease contract for a considerable period to recover KRW 50,000,000 for the premium of this case. However, the result of the defendant's personal examination alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

At the same time, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the amount calculated by deducting the amount calculated by the rate of KRW 1,00,000 per month from August 1, 2017 to the completion date of delivery of the instant real estate from KRW 50,000.

B. 1 Defendant’s assertion as to the conjunctive counterclaim.

arrow