(영문) 서울서부지방법원 2018.09.20 2018가단3536

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.09.20 2018가단3536

건물명도(인도)

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant C is KRW 49,000,000 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 20, 2016, the Plaintiff entered into a lease agreement with the Defendants on a deposit of KRW 50 million, monthly rent of KRW 9 million (excluding value-added tax), and the period of October 20, 2019 (hereinafter “instant lease agreement”), and delivered the said real estate to the Defendants around that time.

B. The Defendants expressed their intent to terminate the instant lease agreement from November 2017 to August 2018, 99 million won (including additional taxes) that was unpaid under the instant lease agreement.

Accordingly, on August 23, 2018, the Plaintiff expressed his/her intent to terminate the said lease agreement on the grounds of delinquency in rent by serving a duplicate of the briefs as a copy of the said legal brief. The said legal brief was served on August 28, 2018 on the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition prior to the determination on the request for extradition, the instant lease agreement was terminated on the grounds of the Defendants’ delinquency in paying more than three years of rent, and the Defendants are obliged to deliver the instant real estate to the Plaintiff.

B. According to the facts of recognition prior to the determination on the unpaid rent claim, the instant lease agreement was terminated on the grounds of the Defendants’ failure to pay the rent for at least three years, and the Defendant C is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 29, 2018 to the date of delivery of a copy of the application for change of the purport of the instant claim and the cause of the claim, which is the day following the delivery of the copy of the application for change of the claim.

3. In conclusion, the plaintiff's claim is with merit, and it is decided as per Disposition by admitting it.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-수원지방법원 2020.02.04 2019가단545054

-인천지방법원 부천지원 2018.01.16 2017가단11676

-의정부지방법원 2019.08.14 2018가단116712

-수원지방법원안산지원 2019.11.28 2019가단2704

-서울남부지방법원 2019.10.30 2019가단237009