logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.12.04 2019나45166
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is attached to the Plaintiff (Counterclaim Defendant), and (1).

Reasons

The following facts are recognized according to the facts that there is no dispute over recognition of judgment as to the claim of the principal lawsuit, Gap 1 through 12 (including each number), Eul 3, and the purport of the whole pleadings.

On July 13, 2017, with regard to the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”), the Plaintiffs entered the lease term separately from June 23, 2017 to October 18, 2018, and the lease deposit total lease deposit was drafted with three floors of the instant building and underground parts.

2.80,000 won, monthly rent of 1,320,000 won (including value added tax, and the 23th day of each month) was concluded.

(hereinafter “instant lease agreement”). At that time, the Defendant paid a lease deposit to the Plaintiffs, and managed a private teaching institute, etc. by receiving delivery of the instant building from the Plaintiffs.

The defendant occupies and uses the instant building until the date of the closing of argument in the trial, and is deemed to be two months from the month in which the plaintiffs were in arrears on February 23, 2018 and on April 30, 2018, for the convenience of calculating the amount of 1320,000 won by February 1, 2018.

Since 1320,000 won is paid as rent, it is not paid.

According to the overall purport of Gap evidence 2-1 and 2 as to the termination of the instant lease agreement and the claim for delivery, according to Article 4 of the instant lease agreement, the lessor is entitled to terminate the instant lease agreement immediately if the lessee’s overdue overdue interest reaches the three-year overdue interest. The defendant did not pay to the plaintiffs a monthly rent under the instant lease agreement for at least three months from May 2018, and the plaintiffs expressed their intention to terminate the instant lease on the ground of overdue interest for at least three months by delivery of a duplicate of the instant written complaint, and the fact that the duplicate of the written complaint reaches the defendant on November 30, 2018 is recognized.

However, the term of the instant lease agreement on October 18, 2018.

arrow