(영문) 부산지방법원서부지원 2020.12.22 2019가단10376

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(영문) 부산지방법원서부지원 2020.12.22 2019가단10376

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 1,321,300 won and above from September 1, 2020

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”) entered into a lease agreement with the Defendant for the rental deposit of the instant apartment as to the rental deposit of KRW 2,270,000, monthly rent of KRW 48,000, and the lease period of KRW 30, April 30, 2018 (hereinafter “instant lease agreement”), and the Defendant agreed to pay the management fee to the Plaintiff or the managing body delegated by the Plaintiff, and around that time, delivered the instant apartment to the Defendant.

B. Since January 2018, the Defendant did not pay rent and management expenses for more than three consecutive months. On July 11, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement where the Defendant did not pay the overdue rent and management expenses by August 12, 2019, and notified the Defendant of the termination of the instant lease contract with the delivery of the duplicate of the instant complaint.

C. The Defendant’s delayed payment by August 31, 2020 constituted a total of KRW 1,321,300 for unjust enrichment and overdue management expenses (=management expenses of KRW 457,300 for unjust enrichment equivalent to rent).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was lawfully terminated by the plaintiff's notice of termination, the defendant is obligated to deliver the apartment of this case to the plaintiff by restitution. The defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent of this case calculated by the ratio of KRW 1,321,300 per month from September 1, 2020 to September 1, 2020 and the delivery of the apartment of this case, calculated by the ratio of KRW 48,00 per month.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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