logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.06.19 2018가단2327
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From May 1, 2018 to the completion date of the extradition.

Reasons

1. In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff, on January 10, 2017, specified lease deposit amount of KRW 10 million as well as KRW 750,000 (payment after the last day of each month) as the lease deposit, until January 8, 2019, and the lease term of KRW 750,000 (hereinafter referred to as "the lease contract of this case"). The defendant, on August 23, 2017, was in arrears with the plaintiff on April 23, 2018, and it is recognized that the plaintiff paid KRW 6 million as part of the overdue rent to the plaintiff on April 23, 2018, and it is evident that the plaintiff served the defendant on April 2, 2018, a duplicate of the complaint containing his/her intention to terminate the lease contract of this case on the grounds of the defendant's delay, etc.

According to the above facts, the instant lease agreement was lawfully terminated on April 2, 2018 (it does not affect the validity of the said termination even if the Defendant paid the overdue rent thereafter). Accordingly, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent calculated by the rate of KRW 750,000 per month from May 1, 2018 to the date of the completion of delivery as sought by the Plaintiff.

2. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

arrow