logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.05 2015가단30878
건물명도 등
Text

1. The Defendant delivers to the Plaintiff the five-story 262.68 square meters among the buildings listed in the attached list, and the said building from August 30, 2016.

Reasons

1. Determination as to the cause of claim

A. On October 30, 2013, C, among the buildings listed in the attached list (hereinafter “instant five-story buildings”), leased the instant building to the Defendant with the period fixed from November 1, 2013 to October 30, 2015, by dividing the five-story 262.68 square meters (hereinafter “instant building”) among the buildings listed in the attached list (hereinafter “instant five-story buildings”), by two parts, respectively, KRW 5 million (total amount of KRW 10 million), monthly rent of KRW 700,000 (total amount of KRW 1.4 million, value-added tax separate), and the lease period from November 1, 2013 to October 30, 2015.

While the Defendant occupied and used the instant building, the Plaintiff purchased the instant five-story building from C around April 29, 2016.

Around that time, the Plaintiff and the Defendant agreed to succeed to the status of the previous lessor. As to the instant building, the rental deposit was changed to KRW 6,160,000,000,000 calculated by subtracting that the Defendant was unpaid from the previous lease deposit amounting to KRW 10,000,000, and the monthly rent and the lease period was set as KRW 1,40,000,000 per month (in addition to value-added tax, KRW 30,000 per month) and October 30, 2015 (hereinafter “instant lease agreement”).

The defendant did not pay the rent for four months from June 2015, but paid the rent that occurred after August 2016.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

B. Since the instant lease agreement expired on October 30, 2015, the term of lease expires, the Defendant is obligated to deliver the instant building to the Plaintiff upon the completion of the instant lease agreement, and pay the Plaintiff unjust enrichment equivalent to the rent due to the possession and use of the building by the completion date of delivery of the instant building.

Furthermore, I examine the amount of unjust enrichment equivalent to the rent that the defendant would pay.

Upon the termination of the instant lease agreement, the Plaintiff is entitled to deduct the sum of the rent that the Defendant paid for four months from the KRW 6.160,000,000.

arrow