beta
(영문) 서울중앙지방법원 2015.06.12 2014가단151395

건물명도등

Text

1. The Plaintiff:

A. The Defendants deliver the building indicated in the annexed real estate description;

B. The Defendants jointly do so.

Reasons

1. Determination as to the cause of claim

A. (1) On April 12, 2013, the Plaintiff: (a) leased the instant building to Defendant Catti System (hereinafter “Defendant Company”); (b) KRW 20 million per month; (c) KRW 23 million per month; (d) the period of lease; and (e) from April 12, 2013 to April 12, 2014, the period of lease was determined and leased.

(2) After paying the lease deposit to the Plaintiff, the Defendant Company received delivery of the instant building and occupied and used it jointly with the Defendant A.

(3) The Defendant Company paid monthly rent to the Plaintiff on the fourth day of each month.

However, the Defendant Company paid the rent to the Plaintiff as of December 12, 2014 (from December 13, 2014 to January 12, 2015; and from April 2014, 2014, increased 2.5 million won was paid to the Plaintiff as of the closing date of the instant pleadings.)

(4) On the other hand, on April 7, 2014, the Plaintiff notified the Defendant A of the absence of an intention to renew a contract due to the termination of the lease term, and the Defendant Company notified the Plaintiff of the extension of one year more.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

B. According to the above findings of the determination, the instant lease agreement between the Plaintiff and the Defendant terminated upon the expiration of April 12, 2014 and the expiration of the period of validity.

(2) The Defendants are liable to pay to the Plaintiff the amount calculated by applying the rate of KRW 2730,000 per month (the monthly rent 2.5 million and the base of value-added tax) to the Plaintiff as unjust enrichment equivalent to the rent from January 13, 2015.

The plaintiff is also asserting the termination of the contract on the ground of two or more occasions of the defendant company's delay and illegal transition, but the termination is due to the expiration of the contract.