(영문) 서울중앙지방법원 2019.08.22 2018가단5134348

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 2019.08.22 2018가단5134348

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant store”) of the member-gu Seoul Building in Ansan-si (hereinafter “instant building”).

B. On August 24, 2007, the sectional owners of the instant building, including the Plaintiff, concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and part of the instant building (from the first to the fifth floor of the Fdong and G Dong) (from August 24, 2007 to the fourth floor of the ground) via a consignment management company D (hereinafter “D”) and E Co., Ltd. (hereinafter “Entrusted Operator”), with the following terms and conditions as the lease deposit deposit amount of KRW 5 billion and the lease period of 10 years (from August 24, 2007 to August 24, 2017).

Article 10 [Deposit and Payment] (1) The defendant, etc. shall pay the deposit amount of five billion won for the entire object of the lease in the account in the name of D, a representative of a sectional owner, at the following schedule and proportion:

(hereinafter) Article 11 [Refund of Rental Deposit] (1) A sectional owner and an entrusted operating enterprise shall refund the rental deposit paid by the Defendant, etc. at the time of termination or termination of the lease agreement at the same time as the name of the object of the lease

If a sectional owner and an entrusted business entity fail to fully pay the rental deposit, the sectional owner may not claim the name of the object of the lease to the defendant, etc. on the ground that he/she has already paid the rental deposit to the defendant, etc. or entrusted

(3) Where a sectional owner or entrusted business entity fails to refund a rental deposit to the defendant, etc. despite the expiration of the contract, the defendant, etc. may continue the lease relationship until the date the monthly rent is replaced by the method of deducting a monthly rent from the monthly rent and the rental deposit is refunded.

Article 12 [Monthly Rent] (1) The defendant, etc. shall make monthly rents to sectional owners 3% of the total sales (excluding value-added tax).

유사 판례

-서울서부지방법원 2018.12.12 2018가단32

-수원지방법원안산지원 2015.04.16 2014가합20605

-서울서부지방법원 2015.08.13 2014가합39299

-서울중앙지방법원 2014.09.18 2013가단202876

-서울고등법원 2019.07.24 2019나2010222