logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.11 2016가단5005248
건물명도
Text

1. The defendant points out of the real estate listed in the separate sheet to the plaintiff each point of (1), (2), (3), (4), and (1) of the annexed sheet.

Reasons

1. The Defendant, on January 9, 201, set up a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, who was the owner of the instant store as of January 9, 2010, set the lease deposit amount of KRW 2,509,000, KRW 230,000 per month, and the lease period of KRW 12 months from January 10, 201 to January 9, 201.

Even after the expiration of the lease term, the instant lease contract has been renewed several times.

However, on August 31, 2015, the Plaintiff issued a notice of termination to the Defendant that the instant lease contract was terminated on January 9, 2016.

On the other hand, the Defendant, on August 18, 2015, remitted KRW 2 million to the Plaintiff and paid that amount to December 2014, 2014. However, the Defendant continued not to pay that amount, and the accumulated amount of the overdue rent came to reach an aggregate of KRW 4,301,000 (=253,000 per month x 17 months) as of May 2016.

On January 11, 2016, the Plaintiff filed the instant lawsuit on the grounds of the expiration of the lease term or the Defendant’s delinquency in rent, and the duplicate of the complaint was served on the Defendant on January 26, 2016.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 14, the purport of the whole pleadings

2. Comprehensively taking into account the circumstances acknowledged prior to the determination of the cause of the claim, the instant lease agreement is deemed terminated at the expiration of the lease term or terminated on the grounds of the Defendant’s delinquency in rent. Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.

3. The judgment of the defendant's assertion is that the defendant can not deliver the store of this case until the refund of the deposit for the lease of this case is made (the paragraph of the simultaneous implementation), and that the store of this case, which was excluded from the wooden building, is the wooden building by repairing it.

arrow