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(영문) 서울중앙지방법원 2019.01.22 2018가단5156218
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) connect each point in the separate sheet Nos. 3, 4, 5, 6, and 3 in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 10, 2003, the Defendant entered into a lease agreement with the network E with the content that the lease deposit amount of KRW 10,000,000, monthly rent of KRW 600,00, monthly rent of KRW 600,00, and the term of lease from March 10, 2003 to March 10, 2008.

Under the above contract, the defendant paid 10,000,000 won to the deceased E on March 10, 2003, and has operated a laundry from March 10, 2003 to March 10, 200.

B. On September 21, 2010, the deceased who succeeded to the status of the lessor, died on September 21, 2010, and the Plaintiff B and C, the wife, acquired the ownership of the said building, and succeeded to the lessor status of the said lease agreement.

C. On August 2010, the Defendant unpaid rent of KRW 600,000,00 for rent of KRW 600,000 for rent of December 201, 201, KRW 600,000 for rent of March 201, KRW 600,000 for rent of KRW 600,00 for rent of January 2014, KRW 600 for rent of February 201, and KRW 3 million for rent of KRW 600,000 for rent of February 201.

On the other hand, the defendant remitted to the deceased on June 7, 2010, KRW 2200,000.

[Reasons for Recognition: Facts without dispute, Gap 1 through 6, Eul 1 and Eul 2, the purport of the whole pleadings]

2. Determination

A. According to the above recognition as to the termination of the lease contract, the lease contract of this case was terminated on the ground of the overdue rent of more than three years.

(The Plaintiff asserted that the notice of termination was given to the Defendant around September 2017, but there is insufficient evidence to acknowledge this). The Defendant asserted that the Defendant paid the rent of KRW 2.2 million on the request of the Deceased on June 7, 2010. As seen earlier, the Defendant’s remittance of KRW 2.2 million to the Deceased was recognized, but the evidence alone submitted by the Defendant is insufficient to recognize that the Defendant paid the deceased a rent in advance.

B. According to the theory of lawsuit, the defendant delivered the above (A) part to the plaintiffs, and as requested by the plaintiff, it shall be unjust enrichment equivalent to the rent from July 26, 2018 to the completion date of delivery of the above (A) part from July 26, 2018.

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