건물명도 등
1. The defendant shall be the plaintiff.
(a)on delivery of No. 1 to the Nam-gu Incheon Metropolitan City Category C;
B. 6,900,000 won and January 16, 2016
1. Facts of recognition;
A. On May 8, 2012, the original and the Defendant leased the instant commercial building No. 1 (hereinafter “instant commercial building”) from the Plaintiff at the monthly rent of KRW 2 million (payment in advance on May 15, 2012) and from May 15, 2012 to May 14, 2013. The Defendant occupied and used the instant commercial building from May 15, 2012 to the present date.
B. On May 23, 2014, the Defendant agreed that the Plaintiff repaid the entire rent before April 2014 with the money remitted to the Plaintiff by May 23, 2014, and around that time, the Plaintiff and the Defendant agreed that the monthly rent shall be reduced to KRW 1.8 million from May 15, 2014.
After May 2014, the Defendant delayed the payment of two or more rents. On February 13, 2015, the Plaintiff notified the Defendant of the termination of the said lease on the grounds of unpaid rents, and around that time, the said termination declaration reached the Defendant.
C. Even after the termination of the aforementioned contract, the unpaid portion out of the amount of unjust enrichment (the amount calculated by the rate of 1.8 million won per month, equivalent to the rent agreed upon with respect to the portion of the previous possession on January 14, 2016) that the Defendant continues to possess the commercial building of this case, is KRW 6.9 million.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]
2. According to the above findings of determination, the instant lease contract was lawfully terminated on February 2015 by the Plaintiff’s notice of termination on the ground that it was not paid two or more rents, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and the Defendant is obligated to pay to the Plaintiff unjust enrichment calculated by the ratio of the remaining unjust enrichment of 6.9 million won for possession before January 14, 2016 and the amount of unjust enrichment of 6.9 million won after January 15, 2016, as sought by the Plaintiff, from January 16, 2016 to January 18, 2016.
3. If so, the plaintiff's claim is justified.