beta
(영문) 서울중앙지방법원 2017.07.07 2016가단116860

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 82.70 square meters among the buildings listed in the attached list;

(b) KRW 32,950,000 and April 2017.

Reasons

1. Facts of recognition;

A. On April 25, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 30,000,000, monthly rent (excluding value-added tax), KRW 2,000,000 (excluding value-added tax), management fee of KRW 50,000, and period of April 25, 2016 (hereinafter “instant lease agreement”).

B. As of August 25, 2016, the Defendant did not pay KRW 12,400,000 in total, and KRW 32,200,00 in total, as of May 25, 2017, as of May 25, 2017.

C. As of May 25, 2017, the Defendant did not pay management expenses of KRW 750,000 ( KRW 100,000 management expenses until April 25, 2016 + KRW 650,000 management expenses from April 26, 2016 to May 25, 2017).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been duly terminated and terminated around that time as the duplicate of the complaint of this case containing the Plaintiff’s declaration of intent of termination on the grounds of the Defendant’s delinquency in rent reaches December 20, 2016 to the Defendant.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, barring any special circumstances, and to pay unjust enrichment calculated by the ratio of KRW 32,950,00 in total of the rent and management expenses in arrears as of May 25, 2017 (including annual rent 32,200,000 + KRW 750,000) and KRW 2,250,000 in each month from May 26, 2017 to the completion date of delivery of the leased object of this case (including value-added tax) from May 26, 2017 to the day on which delivery of the leased object of this case is completed.

As to this, the defendant asserts that the management expenses of KRW 100,00 from the overdue management expenses claimed by the plaintiff until April 25, 2016 were paid to the plaintiff, and according to the evidence Nos. 3, the defendant paid KRW 50,000 to the plaintiff on May 4, 2016, it is recognized that the defendant paid KRW 50,000 to the plaintiff on May 4, 2016.