건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From November 6, 2018, the above buildings.
1. Facts of recognition;
A. On May 20, 2017, the Plaintiff entered into a lease agreement with the Defendant with the terms that the instant building was leased at KRW 2 years of lease term, KRW 11 million of lease deposit, and KRW 1.2 million of monthly rent.
(hereinafter “instant lease agreement”). B.
According to the instant lease agreement, the Defendant paid the Plaintiff KRW 10,100,000 (eight months x 1.2 million per month x 1.2 million per month) in total for the period from May 20, 2017 to January 31, 2018, but did not pay the Plaintiff the monthly rent from February 1, 2018.
C. Article 4 of the instant lease agreement provides that a lessor may terminate the instant lease agreement immediately when a lessee’s delayed delay reaches two or more rental periods. On April 23, 2018 and May 10, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of a delayed rent.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination, since the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on April 23, 2018, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay unjust enrichment calculated by the ratio of KRW 1.2 million per month from November 6, 2018 to the completion of delivery of the said building.
[Plaintiff claimed the payment of money calculated at the rate of KRW 4.8 million per month from February 1, 2018 or unjust enrichment from May 20, 2018. Meanwhile, the Plaintiff is the person who is obligated to deduct the rent or unjust enrichment not paid from the lease deposit of KRW 11,00,000, and the rent or unjust enrichment for the period from February 1, 2018 to November 5, 2018 (within nine months x 1.2 million = 1.2 million) shall be deducted from the lease deposit. Accordingly, the Plaintiff’s claim for this part is dismissed.