(영문) 수원지방법원 2018.05.03 2017가단533231

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) 수원지방법원 2018.05.03 2017가단533231

건물명도(인도)

Text

1. From 30,00,000 to 30,000 won, the Defendant shall deliver the real estate listed in the separate sheet from May 4, 2017 to the completion date of delivery.

Reasons

1. Basic facts

A. On April 1, 2017, the Plaintiff leased real estate listed in the attached list (hereinafter “instant housing”) to the Defendant, with a lease deposit of KRW 30 million, KRW 1250,000 per month, and the lease term of KRW 1250,000 per month, from May 4, 2017 to May 3, 2019.

(hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff delivered the instant house to the Defendant, and the Defendant paid the lease deposit to the Plaintiff.

B. The Defendant occupied and used the instant house without entirely paying the Plaintiff the rent by the date of closing argument after concluding the instant lease agreement.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendant’s delinquency in rent for at least two years.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was lawfully terminated due to the delay of rent for at least two years by the defendant, the defendant is obligated to deliver the house of this case to the plaintiff to its original state, barring special circumstances.

B. The Defendant’s assertion 1) 1) The Defendant: (a) received the instant house and requested the Plaintiff, a lessor, to repair the defective part (e.g., distribution and discharge) but failed to perform the repair obligation; (b) the Defendant is not obliged to pay the rent for the instant house until the Plaintiff performed the repair obligation; (c) the Defendant’s termination of the instant lease agreement on the ground that the Plaintiff was not paid the rent for the instant house, thereby making a prior determination on this part of the claim by the Defendant, which was unjustifiable. (b) The Defendant cannot respond to the Plaintiff’s claim until the Plaintiff was returned the lease deposit. (b) The judgment on the claim by the

유사 판례

-서울북부지방법원 2018.06.15 2017가단18351

-서울남부지방법원 2018.04.12 2017나4541

-서울고등법원 2013.11.01 2012나85870

-서울동부지방법원 2019.01.29 2018가단1156

-부산지방법원동부지원 2017.05.17 2016가단15954