logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.12.18 2019가단17878
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From February 20, 2019, the above real estate.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence No. 2, or the purport of the whole pleadings, the lease deposit amount of KRW 5 million, monthly rent of KRW 600,000 (payment on February 19, 2017) to the defendant on December 14, 2017, and the lease period of KRW 20,000,000 from December 20, 2017 to December 20, 2019. At the time of the above lease, the lessor agreed that the lease may be terminated if the overdue interest of the lessee falls short of the rent of the second period. However, the defendant only paid KRW 840,00,00 (the rent by February 19, 201) after the lease period, and on the ground that the lease contract was not paid by the plaintiff on February 20, 2019 to the defendant on December 19, 209.

Thus, the above lease contract was lawfully terminated by the Plaintiff’s declaration of termination of the lease contract on August 9, 2019. Thus, barring any special circumstance, the Defendant is obligated to deliver the above real estate to the Plaintiff, and pay the rent or unjust enrichment equivalent to the rent calculated by the ratio of KRW 600,000 per month from February 20, 2019 to the completion date of delivery of the above real estate.

In regard to this, the defendant asserted that the plaintiff made a promise to exempt the defendant from part of the rent and not to demand delivery when he gets the house repair expenses, etc., but there is no evidence to acknowledge it.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

arrow