logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2019.09.10 2018가단8033
건물명도(인도)
Text

1. The Defendants jointly and severally pay KRW 5,324,33 to the Plaintiff.

2. The plaintiff's remaining parts against the defendants.

Reasons

1. Determination as to the cause of claim

A. On July 31, 2017, the Plaintiff leased to Defendant C a lease deposit amounting to KRW 25 million, KRW 2300,000 (excluding value-added tax and the last day of each month), the lease term was fixed from July 31, 2017 to July 31, 2020 (hereinafter “instant lease contract”), and Defendant D jointly and severally guaranteed the Defendant C’s obligation arising under the instant lease contract to the Plaintiff.

The Plaintiff and Defendant C agreed that the Plaintiff may terminate the contract without any peremptory notice if the contract is delayed for not less than two months.

The Plaintiff transferred the instant building to Defendant C around July 31, 2017.

On July 28, 2017, the Defendants paid KRW 10 million, which is part of the lease deposit, to the Plaintiff. On September 19, 2017, the Defendants paid KRW 230,000,000,000,000,000,000,000,000,000 on the following terms: (a) October 16, 2017; (b) October 27, 2017; and (c) January 22, 2018.

On January 25, 2018 and March 29, 2018, the Plaintiff sent to Defendant C a mail containing the content that the instant lease contract is terminated on the grounds of the delinquency in rent, and the said mail reached Defendant C around that time.

around May 31, 2018, Defendant C terminated the use and profit-making of the instant building.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 to 4, the fact that the plaintiff is the plaintiff, the purport of the whole pleadings

B. 1) The termination of the lease agreement and the Defendants’ obligation to terminate the instant lease agreement for the first time on January 25, 2018, when the Plaintiff first expressed to Defendant C the intent to terminate the instant lease agreement, KRW 2.59,00 [2.5,00 won (2.53 million won 】 (2.5 million won 】 (9, September 30, 2017; October 31, 30, October 30, December 31, 201, December 31, 201)] - The Plaintiff’s declaration of intent to terminate the lease at the time was not valid. As such, the Plaintiff’s declaration of intent to terminate the lease is not valid.

However, the declaration of intention of the second termination was made on March 29, 2018.

arrow