beta
(영문) 서울서부지방법원 2020.01.15 2019가단10104

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached list 54.02 square meters, each indication of the attached list Da, D, F, E, and C.

Reasons

1. Indication of claim;

A. On July 29, 2009, the Plaintiff: (a) leased to the Defendant a deposit of KRW 1,000,000, monthly rent of KRW 300,000 to the part on the ship (hereinafter “the instant real estate”) which connects each point of the attached Form No. 54.02 square meters among the underground rooms of the building indicated in the attached Table No. 54.02 square meters to the Defendant in sequence of each point; and (b) the Plaintiff leased the attached Form No. 35 square meters to the Defendant.

(hereinafter “instant lease agreement”). B.

From July 29, 2009 to July 29, 2010, the Defendant delayed the payment of KRW 5,400,000 in total for 12 months from January 1, 2019 to June 30, 2019.

C. Accordingly, on June 14, 2019, the Plaintiff sent a content-certified mail notifying the termination of the instant lease agreement on the ground of the above Defendant’s delinquency, and reached the Defendant around that time.

Therefore, inasmuch as the instant lease agreement was lawfully terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the overdue rent of KRW 5,400,000,000 and the delay damages therefor. From July 1, 2019 to the completion date of delivery of the instant real estate, the Defendant is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 300,000 per month.

2. Article 208 (3) 3 of the Civil Procedure Act to indicate the request (a judgment by public notice).