logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.05.11 2016가단346485
건물명도
Text

1. The Plaintiff:

A. The Defendants deliver the real estate stated in the separate sheet;

B. Defendant B shall deliver as from November 17, 2015.

Reasons

1. The following facts are acknowledged in full view of each statement of evidence Nos. 1 to 3, as follows.

A. On November 17, 2015, the Plaintiff entered into a contract with Defendant B to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff with a deposit of KRW 2 million, monthly rent of KRW 5.1 million, and the period from November 17, 2015 to November 16, 2016 (hereinafter “instant lease contract”), and around that time, transferred the instant real estate to Defendant B.

B. From the same time, the Defendants occupied and used the instant real estate, and Defendant B appears to have failed to pay the rent to the Plaintiff after November 17, 2015.

C. The Plaintiff revealed through the instant complaint that the instant lease contract would be terminated on the ground of the delinquency in rent, and the duplicate of the instant complaint containing the purport of the Plaintiff was served to Defendant B by means of service on March 23, 2017.

2. According to the above facts finding as to the Plaintiff’s claim, it is reasonable to view that the instant lease agreement was lawfully terminated on March 23, 2017 according to the Plaintiff’s notice of termination on the ground of the delinquency in rent by Defendant B.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay the rent at the rate of KRW 5,100,000 per month from November 17, 2015 to the completion date of the delivery, or the amount of unjust enrichment corresponding thereto. Therefore, the Plaintiff’s claim against the Defendants is accepted in entirety, and it is so decided as per Disposition.

arrow