건물인도등 청구의 소
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. 1,00,000 won and November 22, 2017
1. Basic facts
A. On May 16, 2016, the Plaintiff entered into a lease agreement with the Defendant and the attached list (hereinafter “instant building”) by setting the lease deposit amount of KRW 15,00,000 for the leased building, from June 22, 2016 to June 21, 2018, and the monthly rent of KRW 3,200,00 for the period from June 22, 2016 to June 22, 2018, and as KRW 38,400 for the monthly rent of KRW 12 months on June 222, 2016 and June 222, 2017.
B. Around June 22, 2016, the Defendant paid the Defendant the deposit and the first 12-month rent to the Defendant. Around June 22, 2016, the Defendant was unable to pay the said deposit and the first 12-month rent for the second 2 months following the delivery of the instant building.
C. The Plaintiff notified the Defendant of the payment of the rent in arrears over several occasions on October 23, 2017, and notified the Defendant that the said lease should be terminated if it is not paid until October 31, 2017. As the Defendant refused to pay, the said lease was terminated on November 1, 2017.
The Defendant continues to occupy and use the instant building as of the closing date of pleadings, and the amount equivalent to the monthly rent of the instant building after the termination of the said lease agreement is KRW 3,200,000.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. As seen earlier, the above lease contract was terminated on November 1, 2017, and the Defendant is obligated to deliver the instant building to the Plaintiff.
B. As to a monetary claim, the Plaintiff was paid KRW 15,00,000 out of five-month rent or unlawful gains equivalent to the rent (=3,200,000 x five-month) from June 22, 2017 to November 21, 2017 after the Plaintiff’s filing the instant lawsuit. As such, the Defendant returned to the Plaintiff unjust enrichment equivalent to the Plaintiff’s rent of KRW 3,200,00 in proportion to the remainder of the said period from November 22, 2017 and the delivery of the instant building from November 22, 2017 to November 21, 2017.