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Reasons
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(영문) 의정부지방법원고양지원 2017.05.26 2016가단23475
건물명도 등
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1. Defendant B shall deliver to the Plaintiff the real estate indicated in the attached Form.

2. The Defendants are jointly and severally liable to the Plaintiff on 22,080.

Reasons

1. Facts of recognition;

A. On July 31, 2007, the Plaintiff entered into a lease agreement on the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B, and the main contents are as follows.

From July 26, 2007 to July 25, 2012, the period of KRW 2,420,000 (including surtax) monthly rent of KRW 70 million;

B. On July 25, 2012, the Plaintiff and Defendant B increased the rent of KRW 2,904,00 per month (including surtax) and renewed the lease contract with the content of extending the period to July 25, 2015.

C. When Defendant C entered into a lease agreement between July 31, 2007 and July 25, 2012, Defendant C paid in arrears the overdue rent he/she is liable for the overdue rent.

Defendant B did not pay the rent properly, but it reached KRW 22,080,000, which was in arrears until March 30, 2013.

E. On May 8, 2016, the Plaintiff prepared to the Plaintiff a letter to the effect that the notice of termination of the lease agreement was defective, and that Defendant B would adjust the store by May 30, 2016.

F. However, Defendant B did not grant full delivery, such as not arranging burials until the date of closing argument in the instant case, and left parts of the goods.

[Reasons for Recognition: Facts without dispute, entry in Gap evidence 123, purport of the whole pleadings]

2. Comprehensively taking account of the facts found in the judgment, since the lease contract between the Plaintiff and the Defendant B was lawfully terminated due to the delinquency in rent between the Plaintiff and the Defendant B, Defendant B should deliver the instant real estate to the Plaintiff as restitution.

Meanwhile, Defendant C also has a joint and several obligation to repay the overdue interest of Defendant C to the Plaintiff. As such, the Defendants jointly and severally have a duty to return to the Plaintiff the unpaid rent of KRW 22,080,000 and the unpaid rent of KRW 22,90,000 from April 1, 2013 to the delivery date of the instant real estate, and the unjust enrichment of KRW 2,904,000 shall be returned from April 1, 2013 to the delivery date of the instant real estate.

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