logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.05.10 2015가단28380
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From April 29, 2015, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On June 24, 2014, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit KRW 10,000,000, monthly rent KRW 900,000, and the lease period from June 28, 2014 to June 27, 2016.

(hereinafter “instant lease agreement”). B.

From April 29, 2015, the Defendant did not pay the Plaintiff the rent under the instant lease agreement, and the Plaintiff notified the Defendant that the rent was overdue for at least two years, and urged the payment thereof.

C. Nevertheless, the Defendant did not pay that the Plaintiff was in arrears, and the Plaintiff filed the instant lawsuit to the effect that the instant lease contract is terminated on the grounds of more than two years of delay. The duplicate of the complaint was served on the Defendant on December 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, since the instant lease contract was lawfully terminated at the time when the duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the lease contract was delivered to the Defendant, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 900,000 per month from April 29, 2015 to the completion date of delivery of the instant building.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

arrow