logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.09.17 2019가단152693
건물명도(인도)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 29, 199, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 15,00,000, monthly rent of KRW 1,200,000, and the period from January 25, 2000 to January 24, 2002 with regard to the lease deposit of KRW 15,20,000, monthly rent of KRW 1,200,000, and between January 25, 2000 and January 24, 2002 with respect to the lease deposit of KRW 2,30,000,000 (payment on January 25, 2018) among the D-based buildings owned by the Plaintiff (hereinafter “instant building”). The lease agreement was entered into between January 30, 2018 and January 24, 202 (hereinafter “instant lease agreement”).

B. From July 25, 2019, the Defendant did not pay the Plaintiff the monthly rent under the instant lease agreement.

Accordingly, on October 7, 2019, the Plaintiff terminated the instant lease agreement on the grounds that it neglected to pay monthly rent, and sent a certificate of content demanding the restoration of the instant building to the original state, and the said certificate was delivered to the Defendant on October 11, 2019.

C. On August 10, 2019, the Defendant removed the instant building without notifying the Plaintiff thereof.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 4, and 7 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and the Defendant left the instant building without fulfilling his duty to restore, and on March 27, 2020, returned the key to the instant building to the Plaintiff and delivered the instant building. As such, the Plaintiff is obliged to pay the Plaintiff KRW 19,089,99 in total, and KRW 3,232,200 in the amount of monthly rent from July 18, 2019 to March 27, 2020.

Therefore, the defendant deducted 15,00,000 won from the above aggregate amount of KRW 22,322,199 from the lease deposit that the plaintiff shall pay to the defendant.

arrow