beta
(영문) 수원지방법원성남지원 2017.11.10 2017가단9823

건물인도 및 임대료

Text

1. The Defendants jointly cooperate with the Plaintiff:

A. Of the buildings listed in the attached list, the Attached Form 1 marks 1, 2, 3, 4, 5, 6, 1.

Reasons

1. Facts of recognition;

A. On June 30, 2016, the Plaintiff entered into a lease agreement with the Defendants without setting a deposit amount of KRW 8,000,000, monthly rent, KRW 450,00, and period of lease as to the portion (a) and 79.5 square meters in the ship connecting each point in order of the attached drawings Nos. 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table No. 1 among the buildings listed in the attached Table No. 1 (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

The Defendants paid the deposit to the Plaintiff, and occupied and used the instant building on July 10, 2016.

C. From July 10, 2016 to May 9, 2017, the Defendants delayed the payment of KRW 4,500,000 for ten months.

The Plaintiff, on October 28, 2016, did not pay the overdue rent to Defendant C from July 10, 2016 to November 10, 2016 due to the overdue rent of four months from July 10, 2016, rescinded the instant lease agreement.

“Around that time,” sent content certification to Defendant C.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully rescinded upon the arrival of the content certification as seen earlier or at least by the delivery of a copy of the complaint of this case.

Therefore, the Defendants are jointly and severally obligated to deliver the instant building to the Plaintiff (a joint lessee shall bear an indivisible obligation). As to the overdue KRW 4,500,000 and its payment date, the Defendants are obligated to pay, as requested by the Plaintiff, 15% per annum from June 14, 2017 to the date of full payment, the duplicate of the instant complaint was served on the Defendants. The amount of unjust enrichment from the possession of rent or unjust enrichment of KRW 450,00 per annum from May 10, 2017 to the completion date of delivery of the instant building is the amount equivalent to the rent of the said real estate, and the amount of unjust enrichment from the possession, use, and use of the said real estate is the 450,000 won per annum.