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Reasons
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(영문) 대구지방법원 2020.07.01 2019가단19242
건물명도
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1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 109,259 from the Plaintiff, real estate stated in the attached list.

Reasons

1. Facts recognized;

A. On October 17, 2015, the Plaintiff leased the instant building to the Defendant with the lease deposit of KRW 3,000,000, monthly rent of KRW 270,000, and the lease period of KRW 24 months.

B. The Defendant did not pay two or more times prior to the Plaintiff’s filing of the instant lawsuit, and the duplicate of the instant complaint containing the intent to terminate the lease agreement was served on October 23, 2019 to the Defendant.

C. The Defendant paid the Plaintiff the monthly rent of KRW 3 months in 2015, KRW 10 months in 2016, KRW 9 months in 2017, KRW 12 months in 2018, KRW 8 months in 2019, KRW 12,177,00 in total ( KRW 27,00 in excess of the Defendant’s payment in 45 months).

The amount of monthly rent and the amount of unjust enrichment equivalent to the monthly rent and the rent from the date of the closing of argument in the instant case is KRW 15,067,741 [14,850,00 for 55 months until May 16, 2020 ( = 55x 270,000)] 217,741 won (=25 days from May 17, 2020 to June 10, 2020). Thus, unpaid monthly rent, etc. up to the date are KRW 2,890,741 won (=15,067,741 won - 12,17,000).

If the unpaid monthly rent is deducted from the lease deposit, the deposit shall remain 109,259 won.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the above lease contract was terminated, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with the payment of the deposit of KRW 109,259,000, and to pay unjust enrichment at the rate of KRW 270,000 per month from June 11, 2020 to the delivery date of the building, which is the day following the date of the closing of argument.

B. The plaintiff's claim beyond the above scope of recognition is without merit.

3. Partial acceptance of the Plaintiff’s claim

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