건물명도등
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 1, 2015, the above real estate.
1. The facts of recognition are as follows: around March 11, 2013, the Plaintiff’s real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant on and after the lease period from September 1, 2012 to August 31, 2014; the lease deposit amount of KRW 20 million; annual rent of KRW 10 million; and annual rent of KRW 10 million.
8. 31. Determination of the lessor’s right to terminate the lease in the event of the lessee’s failure to pay the lease on at least two occasions (hereinafter “instant lease agreement”).
On August 31, 2013, the time for payment of the instant lease agreement, the Defendant did not pay KRW 11 million annually to the Plaintiff on August 31, 2013, and only KRW 2 million was paid on or around June 7, 2014. However, the Plaintiff did not pay the rent thereafter. The Plaintiff expressed his/her intention to terminate the instant lease agreement on the ground that at least two rents were delayed on or before December 15, 2014 by delivery of a copy of the instant complaint. The fact that the Defendant occupied and used the instant apartment does not conflict between the parties, or that the Defendant occupied and used the instant apartment is recognized in full view of the entries in Party A-1 and the purport of the entire pleadings.
2. Determination
A. According to the above facts, the lease contract of this case was lawfully terminated on August 31, 2015 on the ground of the Defendant’s delinquency in rent for at least two years (it is reasonable to view that the Plaintiff’s expression of intent to terminate the contract of this case was made as a condition to suspend the payment of rent for at least two years. This is valid because it is possible for the Defendant to decide whether to fulfill the conditions, and the Defendant’s legal status is not unstable.). The Defendant is obligated to deliver the instant apartment to the Plaintiff.
B. Furthermore, the Defendant is obligated to return to the Plaintiff the unjust enrichment equivalent to the rent until the time when the said apartment is transferred to the Plaintiff, since the Defendant occupied the instant apartment even after the termination of the lease contract of this case.
However, the rent after the termination of the lease contract of this case is the rent during the lease term.