(영문) 의정부지방법원 2016.09.23 2016가단9575

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(영문) 의정부지방법원 2016.09.23 2016가단9575

건물명도

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1. The defendant is against the plaintiffs:

(a) specify 133.12 square meters per floor among the buildings listed in the attached list;

(b) 44,900,000 Won;

Reasons

1. Facts of recognition;

A. On September 17, 2013, the Plaintiffs and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to KRW 50 million, monthly rent of KRW 3.2 million, and from October 15, 2013, on a deposit basis, KRW 3.2 million, among the buildings listed in the separate sheet, which are owned by the Plaintiffs (hereinafter “instant real estate”).

B. The Defendant did not pay monthly rent on several occasions, and on September 15, 2015, the Plaintiffs and the Defendant agreed to terminate the instant lease agreement.

C. Even after the termination of the instant lease agreement, the Defendant continues to possess and use the leased object without returning it to the Plaintiffs, and the sum of the amount equivalent to the unpaid rent and rent as of March 14, 2016 is KRW 44.9 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to issue the instant real estate to the Plaintiffs, and to pay unjust enrichment of an amount equivalent to the rent calculated by the ratio of KRW 3.2 million per month from March 15, 2016 to the completion date of the designation of the instant real estate from March 15, 2016, on the day following the calculation date, such as the sum of the unpaid rent and the amount equivalent to the rent not paid until March 14, 2016, and the amount of the last unpaid rent, etc.

B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiffs had to reduce the unpaid rent and the amount equivalent to the rent accrued until September 15, 2015, which was the expiry date of the instant contract, from which the Plaintiffs had reached the agreement, but it is not sufficient to accept the Defendant’s assertion on the following grounds: (a) there is no other evidence to acknowledge it; and (b) there is no other evidence to acknowledge it, the Defendant’s assertion is without merit.

3. If so, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

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