beta
(영문) 서울서부지방법원 2018.04.26 2017가단23564

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet No. 3, 4, 8, 7, and 3.

Reasons

1. Facts of recognition;

A. On April 6, 199, the Plaintiff entered into a contract with the Defendant to lease the part of the building as stated in Paragraph (1) of the Disposition (hereinafter “instant building”) with the lease deposit of KRW 10 million and KRW 300,000 per month, and thereafter increased the rent to KRW 50,000 per month.

(hereinafter “instant lease agreement”). B.

Since June 2016, the Defendant did not pay the rent, the Plaintiff notified the Defendant of the termination of the instant lease agreement on October 11, 2017, and filed the instant lawsuit containing such declaration of intent on November 28, 2017.

C. The rent in arrears, etc. that occurred by February 5, 2018 near the closing date of the instant pleadings reaches a total of KRW 10 million.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay two or more rents, barring any special circumstance, the Defendant should deliver the building of this case to the Plaintiff, and pay the Plaintiff the unpaid rent and unjust enrichment equivalent to the unpaid rent.

However, in the event that a lease contract is terminated, the lessor’s obligation to return the deposit and the lessee’s obligation to return the leased object are related to the simultaneous performance, and the lease deposit guarantees all the lessee’s obligation arising from the lease, such as the lease deposit, and the lessee’s obligation, such as unjust enrichment, arising from the lease after the lease contract is terminated until the delivery of the object, should be deducted as a matter of course from the lease deposit without any separate declaration of intention. Accordingly, the Defendant is obliged to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 500,000 per month from February 6, 2018 and from the completion date

B. As to this, the Defendant was not notified by the Plaintiff of the termination of the instant lease agreement.