logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.10.17 2018가단7193
건물명도 등
Text

1. From 33,50,000 to 33,50,000 won, the Defendant shall deliver the real estate listed in the separate sheet from June 28, 2018 to the completion date of delivery.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff, on December 7, 2016, leased the lease deposit of KRW 50,000,000, monthly rent of KRW 5,500,000 (including additional tax), and the lease period of January 28, 2019 (hereinafter “the lease contract in this case”). Article 4 of the lease contract in this case provides that the lessor may immediately terminate the lease contract in case the lessee fails to pay the rent for the three-year period of rent, and the defendant pays the lease deposit to the plaintiff at that time, and the defendant commenced possession of the real estate in this case by delivery from the plaintiff, and the defendant can be found to have defaulted until June 2018.

According to the above facts, the lease contract of this case is deemed to have been duly terminated and terminated on June 27, 2018, which clearly shows that the copy of the complaint of this case containing the Plaintiff’s declaration of termination on the grounds of delinquency in rent of the Defendant, was delivered to the Defendant. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay to the Plaintiff unjust enrichment equivalent to the rent of 16,500,000 won (5,50,000 won for the month including = the additional tax x 3 months) and from June 28, 2018 to the completion date of delivery of the said real estate.

2. The defendant's defense is dismissed and the simultaneous performance defense is asserted by the plaintiff while seeking dismissal of the plaintiff's claim. Thus, the plaintiff's receipt of KRW 50,00,00 from the defendant is examined as above. The lease deposit occurs after the termination of the lease contract until the lessor delivers the object of the lease contract.

arrow