beta
(영문) 서울중앙지방법원 2015.01.08 2014가합53672

건물명도

Text

1. The Defendant indicated 1, 2, and 1.2 of the annexed drawings among the 2,100 square meters of a factory of the streke roof in the streke roof in Kimpo-si, Kimpo-si.

Reasons

1. Indication of claim;

A. On January 2014, the Plaintiff: (a) successively connected the Defendant with each point of 1,2,3,4, and 1 of the annexed drawings among the 2,100 square meters of a factory of the scke roof in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si; (b) leased deposit money of KRW 34,800,000,000, and KRW 10,175,000 (including value-added tax; (c) from January 1, 2014 to December 31, 2014; and (d) around that time, the Plaintiff handed over the instant building to the Defendant.

B. From June 2014, the Defendant did not pay the rent. Accordingly, on July 31, 2014, the Plaintiff notified the Defendant of the termination of the said lease on the grounds of the delayed payment of rent for more than two years. The said notification reached the Defendant around that time.

C. Meanwhile, the Defendant leased the instant building from the Plaintiff for the purpose of displaying and selling furniture, and has occupied and used the said building for the same purpose until now.

Accordingly, the above lease contract was terminated on July 31, 2014.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment at the rate of KRW 10,175,00 per month, which is equivalent to the rent for the instant building from September 1, 2014 to the completion date of delivery of the instant building.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;