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Reasons
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(영문) 서울서부지방법원 2018.07.11 2017가단230232
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b) As from September 1, 2017, KRW 20 million and above.

Reasons

1. Determination on the cause of the claim

A. On September 1, 2013, the Defendant leased from the Plaintiff the real estate listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff to KRW 10 million, monthly rent of KRW 500,000,000,000, and KRW 500,000,000,000. (2) The Defendant did not pay the Plaintiff the rent from January 1, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above findings of determination, on September 26, 2017, the date on which a copy of the complaint of this case indicating the Plaintiff’s intention to terminate the contract was served on the Defendant on the grounds of the rent delay, and the said lease was lawfully terminated and terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay unjust enrichment on the rent or rent of KRW 24.2 million (including value added tax) from January 1, 2014 to August 31, 2017, calculated at the rate of KRW 550,000 per month from September 1, 2017 to August 31, 2017, and KRW 550,000 per month from September 1, 2017 to the completion date of delivery of the said building.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) Chapter 1: The Defendant did not rent the instant building from January 1, 2014 to January 2: 2) Chapter 2: The Defendant was permitted to sublease the instant building from the Plaintiff to the D Building Management Body and used it as the office of the management body; thus, the Defendant cannot comply with the Plaintiff’s request.

B. The defendant's Chapter 1 cannot be accepted against the facts acknowledged earlier, and even if the defendant sublets the building of this case to the D Building Management Body with the plaintiff's consent, such circumstance does not affect the plaintiff's exercise of rights against the defendant (Article 630 (2) of the Civil Act). Thus, the defendant's Chapter 2 cannot be accepted.

3. It is so decided as per Disposition by admitting the plaintiff's claim.

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