logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.20 2016가단11803
건물인도등
Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) deliver real estate indicated in the annexed real estate;

(b) August 2015;

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 2 as evidence Nos. 1 and 2.

On August 11, 2014, the Plaintiff (i.e., “A”) entered into a contract with the Defendant to lease (hereinafter “the instant lease”) by setting the lease deposit amount of KRW 14 million, monthly rent of KRW 800,000,000, and the term of lease from August 29, 2014 to August 29, 2016.

B. However, since August 29, 2015, A notified through the instant complaint that the said lease was terminated on the grounds of the delinquency in rent for at least two years, and transferred the ownership of the instant real estate to the Intervenor succeeding to the Plaintiff on April 20, 2016.

2. Determination

A. According to the above findings of the determination on the cause of the claim, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the declaration of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff successor.

In addition, the Defendant is obligated to pay to the Plaintiff’s Intervenor the amount equivalent to KRW 80,000 per month, from August 29, 2015 to August 29, 2015, or from the Defendant’s use of and benefit from the instant real estate without any legal cause even after the termination of the lease contract.

B. As to the Defendant’s assertion 1, the Defendant suffered losses from the Defendant due to the Plaintiff’s succeeding Intervenor or A’s failure to issue a tax invoice under the instant lease agreement to the Defendant. ② The Plaintiff’s succeeding Intervenor or A did not install an individual electric measuring instrument on the instant real estate, thereby causing losses to the Defendant in total of KRW 40,000 or KRW 1.5 million per month, and ③.

arrow