logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.26 2018가단69975
건물명도 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Of the ground floors of the building listed in the attached list, each of the indication of the attached Form 1, 2, 3, 4, 5, 6, 1.

Reasons

1. Determination on the cause of the claim

A. (1) On December 26, 2017, the Plaintiff: (a) determined the amount of KRW 10 million deposit; (b) monthly rent; (c) KRW 700,000 (excluding value-added tax); and (d) on January 10, 202, the period of lease was determined to separately claim the Defendant for electric utility charges and water charges on the ground that the Defendant separately claims the amount of KRW 1,2,3,4,5,6, and 91.6 square meters (hereinafter “the leased object of this case”).

(2) The monthly rent and management expenses that the Defendant did not pay until November 2018 exceeded six months.

Accordingly, the copy of the complaint of this case, stating the Plaintiff’s declaration of termination of the above lease agreement on the grounds of delinquency in rent, was served on the Defendant on or around December 28, 2018.

(3) The sum of rent, management fee, electric utility fee, water rate, etc. that the Defendant did not pay by June 30, 2019 reaches KRW 10,232,258, and the amount equivalent to monthly rent after December 2018, including value-added tax, may be deemed to be KRW 70,00,000, including value-added tax, if there is an agreement on the same deposit.

(4) After entering into a lease agreement, the Defendant would receive KRW 450,00 per month from C, and had C use the leased object of this case, and remains at present.

[Ground of recognition] Facts without dispute, obvious facts in record, Gap evidence 1 through 6, Gap evidence 8-1 to Gap evidence 9-7, the purport of the whole pleadings

B. According to the above findings of determination, since the above lease contract was terminated as the Defendant’s delinquency in payment, the Defendant shall deliver the leased object of this case to the Plaintiff, and shall return to the Plaintiff the remainder 232,258 won remaining after deducting the deposit of KRW 10 million from the sum of KRW 10,232,258, such as delinquency in payment, and the amount of unjust enrichment equivalent to the rent after July 1, 2019.

2. In conclusion, the defendant delivered the leased object of this case to the plaintiff and delivered the leased object of this case to 232,258 won, including overdue rent, and 70 days from July 1, 2019 to the completion date of delivery of the leased object of this case.

arrow