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Reasons
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(영문) 서울중앙지방법원 2018.12.11 2018가단41137
건물명도 등 청구의 소
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1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant C shall be KRW 3,500,000 and October 2018.

Reasons

1. Determination as to the claim against Defendant C

A. The following facts may be acknowledged in this Court, or by integrating the purport of the entire pleadings, on the entry of Gap 1-3 evidence:

1) The Plaintiff is a person who owns 2/3 shares of the real estate listed in the attached list (hereinafter “instant building”). On April 2017, the Plaintiff concluded a lease agreement with Defendant C by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 700,000, and from April 4, 2017 to April 3, 2018, and delivered the instant building to the said Defendant. The said lease term was extended to October 3, 2018.2) The said Defendant paid the instant building from May 2018 (the rent for the period from May 4, 2018 to June 3, 2018). The Plaintiff subleted the instant building to Defendant D without permission, and then occupied and used the instant building from the aforementioned point of time to the late use of the building.

3) Around June 8, 2018, the Plaintiff filed the instant lawsuit against the said Defendant, demanding the said Defendant to pay a rent for a rent enclosed by a content-certified mail, and demand the said Defendant to exclude possession of a third party. On July 6, 2018, the instant lawsuit was filed against the said Defendant for the delivery of the instant building. The instant warden was served on the said Defendant on October 19, 2018. (B) On the basis of the foregoing facts, the lease between the Plaintiff and the Defendant was terminated upon the expiration of the period on October 3, 2018. Accordingly, following the termination of the lease, the said Defendant delivered the instant building to the Plaintiff, and accordingly, from May 4, 2018 to October 3, 2018, the Plaintiff is obligated to pay the Plaintiff KRW 3,500,000 (=700,000 x 500 x 5 months) from the end of the lease to October 6, 2016.

There is a duty to return unjust enrichment equivalent to the rent calculated as such.

The plaintiff's rent is calculated as KRW 700,000 per month for the period after the termination of the lease.

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