(영문) 서울중앙지방법원 2016.12.22 2016가단5175031

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.12.22 2016가단5175031

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the Annex, each point in the indication of the Annex, (a), (b), (c), (d), and (a) of the separate sheet;

Reasons

1. Facts of recognition;

A. On August 18, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 100,00,00 won for the portion (a), (b), (c), (d), and (a) of the portion (a) in the ship (hereinafter “instant store”) attached to the instant real estate, which are linked in sequence to each of the items of the said items, with the Defendant, as the owner of the real estate as indicated in the attached Table, with the period from September 17, 2015 to September 16, 2020 (hereinafter “instant lease”).

B. After that, the Defendant paid only KRW 70 million out of KRW 100,000,000, and the rent did not pay only KRW 5,543,00 on September 30, 2015, and no management fee was fully paid.

C. Therefore, the overdue charge as of July 16, 2016 is a total of 82,457,00 won [8,88 million won (88 million won x 10 months) - 5,543,00 won]. The overdue charge is a total of 11 million won (1.1 million won x 10 months).

Article 17 of the instant lease agreement provides that the Plaintiff may terminate the instant lease agreement, “When the Defendant is delinquent in paying rent for at least two months.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the Plaintiff may terminate the instant lease contract on the ground that the Defendant was delinquent in paying rent for at least two months.

Thus, the fact that the complaint of this case, stating the expression of intention of termination, was delivered to the defendant on August 25, 2016, is obvious in the record, so the lease contract of this case was lawfully terminated.

I would like to say.

Therefore, the defendant delivers the store of this case to the plaintiff, and ② the sum of the overdue rent and management fee of KRW 93,457,00 ( KRW 82,457,00, KRW 11,000) less the deposit of KRW 70,00,000, and the lawsuit promotion, etc. shall be conducted from August 26, 2016 to the day of complete payment, which is the day following the delivery of the complaint of this case.

유사 판례

-인천지방법원 2020.11.25 2020가단223032

-서울중앙지방법원 2019.07.18 2019가단5064590

-수원지방법원안양지원 2019.09.27 2019가단5152

-서울중앙지방법원 2018.11.27 2018가단37480

-광주지방법원 2018.11.06 2018가단19786