(영문) 광주지방법원 2020.11.13 2020가단525697

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(영문) 광주지방법원 2020.11.13 2020가단525697

건물인도

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The Defendant shall deliver to the Plaintiff the second floor of the building indicated in the attached list 31.92 square meters, and deliver the said building from August 1, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a building indicated in the attached list, and around September 2017, the Plaintiff leased the second floor of the building to the Defendant with the lease deposit of KRW 1,000,000, monthly rent of KRW 185,000 (including water supply) and the lease term of KRW 27, 207 from September 27, 2017 to September 27, 2019.

(hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed on September 27, 2019.

B. Due to the Defendant’s monthly rent payment, KRW 1,00,000,000, which was set off against the monthly rent as of July 31, 2020, was all extinguished.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination, the defendant can sufficiently prove that the monthly rent under the lease agreement of this case was in arrears for at least two years, and the plaintiff expressed his intention to terminate the lease agreement of this case from this court to the late payment in arrears. Thus, the lease contract of this case was terminated by the plaintiff's declaration of intention to terminate the lease contract of this case.

Therefore, the Defendant is obligated to deliver to the Plaintiff the 31.92 square meters of the 2nd floor of the building indicated in the attached list, and to pay the amount calculated by applying the ratio of KRW 185,000 per month to the unjust enrichment equivalent to the monthly rent from August 1, 2020 to the completion date of delivery of the building.

Although the Defendant asserted that the Defendant promised to pay part of the rent to a police officer without a deposit for lease with the Plaintiff in early 2019, the Defendant did not pay the rent. However, there is no evidence to acknowledge this, the Defendant’s above assertion cannot be accepted.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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