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Reasons
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(영문) 인천지방법원 2016.04.28 2015가단72216
건물인도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. From December 21, 2015, KRW 2,200,00 and above A.

(b).

Reasons

1. Facts of recognition;

A. On July 21, 2014, the Plaintiff entered into a lease contract with the Defendant under which the building indicated in the attached Form (hereinafter “instant building”) was set as deposit 3,00,000 won, monthly rent 40,000 won, and the lease period from July 21, 2014 to July 20, 2015 (hereinafter “instant lease contract”), and the Defendant used the instant building as a church.

B. From November 21, 2014 to December 20, 2015, the Defendant did not pay the Plaintiff KRW 5,200,000 for the total of KRW 13,00 per month from November 21, 2014 to December 20, 2015, and the rent has not been paid until December 21, 2015.

C. On November 12, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delay in the payment of rent by content-certified mail, and the said notification reached the Defendant on November 24, 2015.

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

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was lawfully terminated on November 24, 2015.

(A) Even if the Plaintiff’s notice of termination on November 12, 2015 was not delivered to the Defendant, it is apparent in the record that the Plaintiff was notified of the termination of the instant lease by serving a preparatory document as of April 4, 2016 on the ground that the payment of rent was delayed. Therefore, the instant lease agreement was lawfully terminated on April 7, 2016, when it was served on the Defendant.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and the unpaid rent of KRW 5,200,000 minus deposit of KRW 3,000,000 and the remainder of KRW 2,200,000 per month from December 21, 2015 to the completion date of delivery of the said building is obligated to pay as unjust enrichment or damages.

3. Judgment on the defendant's assertion

A. The Defendant’s instant case between the Plaintiff and the Plaintiff on the date in 2015 by September 2015.

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