logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2018.06.21 2017가합41
건물명도 등
Text

1. The defendant delivers the building indicated in the attached Form to the plaintiff, and the above building shall be KRW 6,400,000 and from July 1, 2017.

Reasons

1. Facts of recognition;

A. On February 14, 2012, the Plaintiff completed the registration of ownership transfer concerning the building indicated in the attached Form (hereinafter “instant building”).

B. On June 30, 2016, the Plaintiff leased the instant building to the Defendant with the period from July 1, 2016 to June 30, 2017, by setting the lease period of KRW 1.2 million per month (payment on July 1, 2016) and the lease period of the instant building to June 30, 2017.

(hereinafter “instant lease agreement”). C.

The Defendant subleted the second floor of the instant building to C without the Plaintiff’s consent, and C completed the move-in report at the location of the instant building on September 22, 2016.

On May 8, 2017, the Defendant did not pay 5.2 million won out of the rent under the instant lease agreement to the Plaintiff. On May 1, 2017, the Plaintiff notified the Defendant that the said lease agreement was terminated on the ground of an unauthorized transfer of rent and delay of rent.

E. From July 1, 2017 to June 30, 2018, the rent for the instant building is KRW 798,300 per month.

[Based on recognition] Each entry of Gap evidence Nos. 1 through 4 (including a branch number), and the result of the commission of appraisal to one appraisal corporation of this court

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion that the instant lease agreement was terminated by the termination of the Plaintiff, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the amount calculated by the rate of KRW 1,200,000 per month from July 1, 2017 to the completion date of delivery of the instant building as unjust enrichment equivalent to the overdue rent of KRW 6.4 million until June 30, 2017 and the rent for the instant building.

B. According to the facts recognized earlier, the instant lease contract terminated at the latest by the Plaintiff’s termination on the grounds of the unauthorized electric power plant and the rent delay on June 15, 2017.

Therefore, the defendant is obligated to deliver the building of this case to the lessor as the lessor and to pay the sum of the overdue rent of 6.4 million won until June 15, 2017.

Furthermore, the Defendant shall even after the termination of the instant lease contract.

arrow