logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.30 2016가단7029
건물인도청구
Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth floor of 228.84 square meters among the real estate listed in the attached list;

B. From June 27, 2016

Reasons

1. Facts of recognition;

A. On September 27, 2011, the Plaintiff: (a) determined the entire lease deposit amount of KRW 20,000,000, and the lease deposit amount of KRW 20,000,000 among the real estate listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 1,660,000 (hereinafter “instant lease agreement”).

B. Since the instant lease agreement was explicitly renewed, the Defendant did not pay the monthly rent in May 2013 and July 2014 (see, e.g., the Defendant paid the amount equivalent to the unpaid monthly rent that was paid by the Defendant later, and the Defendant did not pay the amount of the monthly rent from June 27, 2016). Meanwhile, the Defendant was subject to criminal punishment on several occasions while operating a commercial sex business establishment in the instant building.

C. The Plaintiff terminated the instant lease agreement by serving a copy of the claim as of August 5, 2016 and the written application for modification of the cause of the claim, on the grounds of the delinquency in payment of two or more rents.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated on August 12, 2016, when the duplicate of the claim and the application form for change were served on the Defendant, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated in the ratio of KRW 1,660,00 per month from June 27, 2016, beginning from June 27, 2016 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

arrow