logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.08.13 2018가단334646
건물명도(인도)
Text

1. On August 24, 2016, the Plaintiff and the Defendant concluded a contract on the second floor of 58.21 square meters among the three-story buildings located in Busan Jung-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Busan Jung-gu B Cho-gu Bbu C reinforced concrete, and of the third floor neighborhood living facilities and detached houses.

B. On August 24, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10 million with respect to the second floor 58.21 square meters (hereinafter “instant housing”) among the foregoing housing, as between September 7, 2016 and September 6, 2018 (hereinafter “instant lease agreement”). The Defendant: (a) leased the said housing with the National Housing Fund; and (b) the Defendant agreed that KRW 1.4 million among the lease deposit, the tenant D, who is a person eligible for support with the former rental housing, bears the remainder of the lease deposit amount of KRW 8.6 million; and (c) the monthly rent of KRW 3 million,000,000,000,000,000,000,000,000,000,000,000 won, monthly, to be paid directly to D.

In addition, even after the lessee delivered the house, the lessor agreed to compensate for the amount at the rate of 5% per annum for the deposit for the deposit for the lease after the lessor delayed the return of the deposit for the lease.

(Article 8(2)(c) of the lease contract.

The Defendant and D around that time paid the Plaintiff a full amount of KRW 10 million for the lease deposit, and D began to reside in the above housing after receiving the instant housing from the Plaintiff. On September 12, 2018, the Defendant completed the registration of the lease of the instant housing, the subject of the instant lease agreement, on September 27, 2018, with the Busan District Court’s leasehold Order (2018Kau1051) (201) issued on September 12, 2018.

On October 16, 2018, the Plaintiff expressed to the Defendant his/her intent to terminate the instant lease agreement on the grounds of the delinquency of rent for at least two years D, and the said declaration of intent reached the Defendant around that time.

E. D transferred the instant housing to the Plaintiff on December 20, 2018.

F. On April 23, 2019, the Plaintiff deducted D’s overdue rent, electricity tax, and other remuneration costs from the instant lease deposit from the Defendant. As such, the remaining amount is KRW 3,38,862.

arrow