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Reasons
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(영문) 수원지방법원평택지원 2017.08.29 2016가단14190
건물명도 등
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1. The Defendants jointly do so to the Plaintiff:

(a)each point of which is indicated in the Schedule 1, 2, 3, 4, and 1 on the ground of Pyeongtaek-si;

Reasons

1. Determination on the cause of the claim

A. (1) On March 5, 2014, the Plaintiff entered into a lease agreement with Defendant B with regard to the lease deposit of KRW 10,00,000,00,00, monthly rent, KRW 15,00,00, monthly rent, and the lease term from March 15, 2014 to March 14, 2015 (hereinafter “instant lease agreement”).

(2) Defendant B paid only KRW 5,00,000 among the deposit for lease and KRW 3,300,000 among the deposit for lease until June 14, 2014 to the Plaintiff by the closing date of the instant argument.

(3) On April 18, 2017, a duplicate of the instant complaint containing the content that the instant lease contract will be terminated on the grounds of the delinquency of two or more rents reaches Defendant B.

(4) Defendant C occupies the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above findings of the determination, the instant lease agreement was terminated on the grounds of the Defendant B’s delinquency in rent for at least two years.

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 1,100,000 per month from June 15, 2014 to the completion date of delivery of the instant building from June 15, 2014 to unjust enrichment equivalent to overdue rent and rent.

In addition, Defendant C is jointly obligated to deliver the instant building to the Plaintiff, the owner of the instant building, inasmuch as there is no evidence of assertion as to the legitimate right to possess the instant building, and to pay the amount calculated at the rate of KRW 1,100,000 per month from June 15, 2014 to the completion date of delivery of the instant building.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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