(영문) 대전지방법원천안지원 2019.10.16 2019가단106695

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(영문) 대전지방법원천안지원 2019.10.16 2019가단106695

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) Attached drawings (1), (2), (3), (4), and (1) of the real estate listed in the attached list;

Reasons

1. Facts of recognition;

A. The Plaintiff leased to the Defendant the part 66 square meters (hereinafter “instant real estate”) of the attached drawings among the real estate listed in the attached list, and transferred the instant real estate to the Defendant.

B. On September 3, 2018, the Plaintiff and the Defendant agreed to pay the lease contract for the instant real estate KRW 7,00,000, monthly rent KRW 700,000, and the term of lease from September 1, 2018 to August 31, 2019. The Plaintiff and the Defendant agreed to pay the Defendant a total of KRW 20,000,000 by October 20, 2018, which was unpaid before the renewal.

C. The Defendant did not pay the full amount of KRW 20,000,000 under the agreement to pay by October 20, 2018, and did not pay the rent from February 2019.

On April 8, 2019, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s delinquency in rent.

E. The Defendant’s unpaid money by rent until April 30, 2019 in relation to the instant real estate is KRW 17,100,000 in total.

【Ground of recognition】 Each entry of evidence Nos. 1 through 10, and the purport of the whole pleadings

2. According to the above facts of determination, since the lease contract between the plaintiff and the defendant was lawfully terminated on or around April 8, 2019 by the termination of the plaintiff, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the plaintiff the unpaid rent of KRW 17,100,000 and the plaintiff with 12% interest per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 19, 2019 to the day of complete payment, which is the day following the delivery of the copy of the claim and the application for modification of the cause of the claim as of May 30, 2019. The plaintiff is obligated to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 70,000 per month from May 1, 2019 to the day of complete delivery of the real estate of this case.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

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