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Reasons
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(영문) 광주지방법원 순천지원 2018.05.29 2017가단78268
건물명도(인도)
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1. Defendant D shall deliver to the Plaintiffs the buildings listed in the separate sheet.

2. Defendant D:

A. Plaintiff A: KRW 32,500,000.

Reasons

1. Facts of recognition;

A. On 208, Defendant D entered into and maintained a lease agreement with Plaintiff A and F for a monthly rent of KRW 3.8 million (payment on the last day of each month) and a lease agreement with the two-year rental period (hereinafter “instant lease agreement”).

B. On April 15, 2014, Plaintiff B and C purchased each of 1/4 shares of the instant building from F, and completed a share transfer registration in the Plaintiff B and C on April 29, 2014, and succeeded to the lessor status under the instant lease agreement.

C. Defendant D changed the difference between the Plaintiffs to KRW 4.2 million from October 2014 to KRW 4.2 million each month.

Defendant D paid only KRW 86,200,000 out of the total rent of KRW 151,200,000 (42 million x 36 months) for 36 months from October 1, 2014 to September 30, 2017, and the unpaid rent is KRW 65,00,000 in total.

On November 22, 2017, the copy of the complaint of this case, stating that the plaintiffs terminated the lease contract of this case on the grounds of the delinquency in rent of at least two years by Defendant D, was served on Defendant D on November 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by delivery of a copy of the complaint of this case. Accordingly, the defendant D delivers the building of this case to the plaintiffs. Among the unpaid rent, the plaintiff A is obligated to return the building of this case at 32,50,000 won (65,000,000 won x 1/2), and the plaintiff B and C are 16,250,000 won (65,000,000 x 1/4), and from October 1, 2017 to the completion date of delivery of the building of this case x 2,100,00 won (4,200,000 won x 1/2), the plaintiff B, and C are equivalent to the amount of unjust enrichment calculated at the rate of 16,250,000 won (4,200,000 won x 4,200).

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