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Reasons
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(영문) 제주지방법원 2019.10.30 2018나1438
건물명도 등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 28, 2015, the Plaintiff annually paid the Defendant KRW 30 million a deposit and KRW 10 million a monthly rent, as indicated in the attached list (hereinafter “instant building”) to the Defendant on July 28, 2015.

7. The lease was made between July 28, 2015 and July 27, 2018 (hereinafter “the lease of this case”).

2) B. The Plaintiff received deposit KRW 30 million from the Defendant, and delivered the instant building to the Defendant at the same time. (c) The Defendant paid only KRW 7.2 million out of the rent of KRW 10 million in 2015 to the Plaintiff, and the remainder of the rent of KRW 2.8 million in the year 2016, and KRW 10 million in the rent of KRW 10 million in the year 2017, and KRW 10 million in the rent of KRW 2,800 in the year 2016. [No dispute over the grounds for recognition, the entries in the evidence of KRW 1-4, and the purport of the entire pleadings.]

2. Determination as to the cause of action

A. Since the term of the instant lease agreement terminated until July 28, 2018, the instant lease agreement expired on September 18, 2019, which is the date of closing the argument.

B. The Defendant is obligated to deliver the instant building to the Plaintiff following the termination of the lease agreement. On July 28, 2017, the late rent of KRW 22.8 million and the last due date for payment, the amount calculated by the annual rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 19, 2018 to the date of complete payment, following the delivery of a copy of the instant complaint sought by the Plaintiff. 2) Since the rent of the instant building is KRW 10 million per annum, barring any special circumstance, it is ratified that the rent after August 28, 2018 is the same amount.

Therefore, the Defendant is obligated to pay to the Plaintiff money calculated by the ratio of KRW 833,34 per month from July 28, 2018 to the completion date of delivery of the instant building (=10 million ± 12 months, and less than KRW 12 months).

According to the record of Gap evidence No. 5, the plaintiff made the judgment of the first instance court of July 18, 2018, which declared provisional execution.

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