logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.05.11 2016가단1168
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver buildings indicated in the attached list real estate;

B. From September 27, 2015, the foregoing.

Reasons

1. Facts of recognition;

A. On June 11, 2014, the Plaintiff leased a building indicating the indication of the attached list real estate owned by the Plaintiff (hereinafter “instant building”) to the Defendant under the following conditions:

(hereinafter referred to as “instant lease agreement.” Basic matters: The agreement to change the lease deposit to KRW 5,00,000, monthly rent of KRW 450,000 (payment date: 26th day of each month, later payment) and the lease term from July 26, 2014 to July 26, 2016 (two years): From January 26, 2015, the lease deposit to KRW 10,000,000, monthly rent of KRW 400,000, respectively.

B. The Defendant did not pay the monthly rent from September 27, 2015, and the Plaintiff urged the Defendant to pay the monthly rent in arrears on or around December 2015, and notified the Defendant that the lease contract is terminated if the payment is not made.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 7 and the purport of the whole pleadings

2. According to the evidence evidence No. 1 of the judgment on the cause of the claim, where the Plaintiff and the Defendant concluded the instant lease agreement and the lessor agreed to allow the termination of the instant lease agreement if the amount of the rent in arrears reaches the amount of two-year rents at the time of the conclusion of the instant lease agreement. The fact that the Plaintiff did not pay the monthly rent from September 27, 2015, and that the Defendant notified the Defendant that the instant lease was terminated on the grounds of the overdue rent (payment date: October 26, 2015 and November 26, 2015) for two or more different periods of rents (payment date: October 26, 2015) of the Defendant around December 2015 is as seen earlier.

Comprehensively taking account of the above facts acknowledged, it is reasonable to deem that the instant lease contract was terminated by the Plaintiff’s notice of termination on the grounds of the Defendant’s delinquency in paying two or more rents. As such, the Defendant is obligated to deliver the instant building to the Plaintiff and return the monthly rent or unjust enrichment equivalent to the monthly rent, calculated by the ratio of KRW 450,000, from September 27, 2015 to the date of delivery of the said building.

3. The defendant's assertion that the defendant's representative C raises an objection.

arrow