logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.12.20 2017가단13817 (1)
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From October 1, 2017, KRW 660,00 and the above.

Reasons

1. Basic facts

A. On March 28, 2016, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 10,00,000, monthly rent of KRW 660,000 (including value-added tax), and from April 1, 2016 to March 31, 2017 with regard to the real estate listed in the separate sheet (hereinafter referred to as “instant store”). According to the instant lease agreement, the Plaintiff may immediately terminate the instant lease agreement if the Defendant delays two or more times.

B. In accordance with the instant lease agreement, the Defendant paid KRW 1,00,000 as part of the lease deposit to the Plaintiff at around that time, and received delivery from the Plaintiff of the instant store, and up to now, operates the “C” main store in the instant store.

C. Meanwhile, the Defendant did not pay to the Plaintiff the remainder of the lease deposit KRW 9,00,000,000 until now, and the amount calculated by deducting the amount of the lease deposit from the amount of the rent in arrears, as of September 30, 2017, from the Defendant’s amount of the rent in arrears, the amount of KRW 1,00,000, which was calculated by deducting the amount of the lease deposit from the amount of the rent in arrears, as of April 30, 2017.

On July 20, 2017, the complaint of this case, stating that the plaintiff would terminate the lease contract of this case on the ground of the following two or more occasions, was served on the defendant on July 20, 2017.

[Ground for Recognition: Facts without dispute, entries in Gap 1 through 4 (if there are additional numbers, including each of the provisional lot numbers), the purport of the whole pleadings]

2. Determination:

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was duly terminated by the Plaintiff’s declaration of termination on the ground of the Plaintiff’s declaration of termination on the ground of the delay of at least two years in rent, and thus, the Defendant delivered the instant store to the Plaintiff in return for restitution thereafter, and deducted KRW 1,00,000 from the rent in arrears as of September 30, 2017.

arrow