logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.07.23 2014나9281
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall be the plaintiff.

A. From July 16, 2015, the Plaintiff’s KRW 30,000 to KRW 30,000.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff leased (hereinafter “instant contract”) the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 30 million, KRW 2.3 million per month, the lease term from March 17, 2012 to March 16, 2014, and the lease payment date from March 16, 2012 to March 16, 2014.

B. After entering into the instant contract, the Defendant reported the instant real estate business as indicated in the attached business report as to the instant real estate.

C. On January 22, 2014, the Plaintiff filed the instant lawsuit seeking the name of the instant real estate on the ground that the Defendant had failed to pay the rent for the second period (the rent of KRW 2.3 million as of August 16, 2012 and the rent of KRW 2.3 million as of September 16, 2013). The instant lawsuit was filed against the Defendant on the ground that the instant contract was terminated, and the instant warden was served on March 13, 2014.

On January 22, 2014, the Plaintiff filed an application for provisional disposition prohibiting the transfer of real estate possession with the Defendant as the respondent, and the said provisional disposition was executed on March 5, 2014 by the Incheon District Court’s provisional disposition order (2014Kadan871) as of February 14, 2014.

E. On March 7, 2014, the Defendant paid the Plaintiff a total of KRW 4.6 million of the rent for the second period in arrears, which was in arrears, and paid all the rent equivalent to the rent up to June 18, 2015, which was up to the date of closing argument in the trial.

On the other hand, since January 2014, according to an agreement that the defendant should pay the value-added tax, the defendant paid 2.53 million won per month including the value-added tax from the above point of time.

F. The conversion deposit calculated according to the conversion method stipulated in Article 2 of the Commercial Building Lease Protection Act and Article 2(2) and (3) of the Enforcement Decree of the Commercial Building Lease Protection Act is KRW 260 million ( deposit KRW 30 million per month x 100/100 per month).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, Eul evidence 1 and 3 (including each number), and the head of Gyeyang-gu in Incheon.

arrow