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(영문) 서울남부지방법원 2018.09.14 2018가단9337

건물명도 등

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and each month from August 15, 2017 to the delivery date of the above building.

Reasons

1. Facts of recognition;

A. On May 29, 2015, the Defendant entered into a contract with the Plaintiff to pay KRW 750,000 as the monthly rent (hereinafter “instant lease contract”) from June 15, 2015 to June 15, 2017, with the lease deposit amounting to KRW 15,000,000, and the period from June 15, 2015 to June 15, 2017. However, the Defendant shall pay KRW 10,000,000 out of the deposit amount to the Plaintiff on October 15, 200, and until that time, to pay KRW 750,00 as the monthly rent (hereinafter “instant lease contract”).

B. Around that time, the Defendant paid 5,000,000 won to the Plaintiff, and occupied and used the instant leased building transferred by the Plaintiff.

C. On October 19, 2015, the Plaintiff and the Defendant agreed to change the deposit amount of KRW 10,000,000 to KRW 5,000,000 on October 15, 2015, instead of monthly rent of KRW 800,000.

After that, the instant lease contract was implicitly renewed, and the Defendant did not pay the monthly rent from August 15, 2017. On April 16, 2018, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the overdue rent of at least two months.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. According to the above fact-finding, the instant lease agreement is deemed terminated on April 16, 2018 by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay monthly rent for at least two months.

Therefore, the Defendant is obligated to deliver the instant leased building upon the termination of the lease agreement to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the monthly rent or rent, calculated at the rate of KRW 800,000 per month from August 15, 2017.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.