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Reasons
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(영문) 서울동부지방법원 2017.11.21 2017가단121503
건물명도(인도)
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1. The Defendants are to the Plaintiff:

A. Defendant B received KRW 2,938,710 from the Plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On November 16, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B, with each of the following dates: (a) the Plaintiff concluded a lease agreement with each of the following terms: (b) the deposit of KRW 10,000,000, monthly rent of KRW 1,100,000 (prepaid on November 19, 201), and the period from November 19, 2015 to November 18, 2016, the lessor may terminate the instant lease agreement if the lessee fails to pay rent on at least two occasions.

B. On November 16, 2015, Defendant B paid KRW 10,000,000 to the Plaintiff. Defendant B, D, and E occupy and use the instant real estate from the aforementioned date to the present date.

In addition, from March 24, 2017, Defendant C occupied and used the instant real estate from March 24, 2017 to March.

C. Around May 2017, Defendant B had been in arrears at least twice, and on May 8, 2017, the Plaintiff sent to Defendant B a content-certified mail stating that “The instant lease agreement shall be terminated on the ground of the failure to pay the monthly rent for at least six months,” and the content-certified mail was served to Defendant B around that time.

Until October 31, 2017, which is the closing date of the pleadings in this case, Defendant B paid the Plaintiff the amount of KRW 18,700,000 (the payer is Defendant B, Defendant E, and F, etc.) to KRW 7,061,290 [limited to the amount of overdue rent or unjust enrichment equivalent to the rent (hereinafter “rent, etc.”) as of October 31, 2017 from October 31, 2017] [=25,761,290 won [==25,761,290 won [the total amount of KRW 23,30,00,000,000 + KRW 231,10,000) from November 19, 2015 to October 18, 2017]; KRW 10,301,000,000 from October 19, 2017 to October 31, 2017];

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 6, and the purport of whole pleadings

2. According to the facts found above, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on May 8, 2017.

As such, the Defendants are the Plaintiff, and ① Defendant B is the Plaintiff.

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