건물명도(인도)
1. The Defendant shall deliver to the Plaintiff the fourth floor of 94.50 square meters among the real estate listed in the attached list, and deliver it from August 16, 2018.
1. On September 22, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15,00,000, and the lease period from October 15, 2015 to October 15, 2017, with respect to the fourth 94.50 square meters of the real estate listed in the attached list (hereinafter “instant housing”).
On October 15, 2015, the Plaintiff transferred the instant house to the Defendant, and the Defendant is residing in the instant house until now.
As from August 16, 2018, the Defendant did not pay the monthly rent. On January 21, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement at the time of unpaid payment by content-certified mail.
[Ground of recognition] Facts without dispute, Gap 1, 2, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, since the defendant has been in arrears for more than three years until the plaintiff filed the lawsuit in this case, it is reasonable to deem that the lease contract in this case was terminated by the delivery of the complaint in this case at the latest.
Therefore, the Defendant is obligated to deliver the instant house to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 650,000 per month from August 16, 2018 to the completion date of delivery of the instant house.
B. As to this, the Defendant asserts to the effect that, around September 2017, the Plaintiff cannot respond to the Plaintiff’s claim on the ground that the Plaintiff entered into an agreement to extend the instant lease agreement by October 22, 2019.
In addition, there is no evidence to prove that there was an extension agreement for the term of lease claimed by the Defendant, and there was such agreement.
Even if it is not possible to oppose the termination of the lease contract on the basis of the rent delay, the defendant's above assertion is without merit.
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.