logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.30 2018가단5175424
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate strata listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) prescribed in the attached Table 2, 36 months from March 10, 2014 to March 9, 2017, with respect to the portion (A) size of 97.2 square meters in the ship (hereinafter “instant store”) connected each point in the attached Table 1, 2, 3, 4, and 1 among the real estate strata listed in the attached Table 1 list owned by the Plaintiff, with the Defendant, for the purpose of singing, lease deposit, 2,000 won, monthly rent, 2750,00 won (payment on the last day of each month), management expenses (50,000), additional taxes, electricity charges, water supply and drainage charges, separate rental period, and the lease agreement (hereinafter “instant lease agreement”). On the day, the Defendant paid the said deposit to the Plaintiff and received the instant store from the Defendant on the same day.

B. As the Defendant did not fully pay the rent, etc. to the Plaintiff, the Plaintiff urged the Defendant to pay the rent more than once between September 15, 2014 and June 25, 2018 (in the notification of April 30, 2015, the notification of the foregoing rent, deducted the overdue rent from the above rent deposit, and notified the Defendant that it remains the unpaid rent of KRW 10,000,000,000,000,000). However, the Defendant did not comply therewith.

C. On September 7, 2018, a copy of the instant complaint containing the purport that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

The Defendant installed a singing room in the instant store for two months from the date of the conclusion of the instant lease agreement, and left the instant store with the goods, etc. owned by the Defendant, and did not use or take profit from the said store.

[Ground of recognition] Gap evidence 1, 2, Gap evidence 3-1 to 4, Gap evidence 5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the Defendant’s duty of delivery and payment of rent or liability for damages, the instant lease agreement was lawfully terminated upon delivery of a copy of the instant complaint containing the purport that the instant lease agreement will be terminated on the grounds of the Defendant’s delinquency in rent for more than three years.

arrow