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Reasons
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(영문) 대구지방법원 서부지원 2018.12.05 2018가단8822
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From August 1, 2018, the amount of KRW 17,050,00 and KRW 17,00.

Reasons

1. Basic facts

A. On November 30, 2016, the Plaintiff: (a) leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant on three months of the lease term; (b) KRW 850,000,000 from March 1, 2017; and (c) determined that, if the lease term is extended due to a special agreement, the lease term of KRW 20,000,000 from March 1, 2017; and (d) KRW 1,100,000 from the monthly rent, if the lease term is extended due to a special agreement.

(hereinafter referred to as "the instant lease agreement". (b)

The Defendant paid the Plaintiff the rent on January 1, 2017 (the rent for the first month) and, thereafter, did not pay the rent from February 31, 2017, KRW 500,000,000 on May 31, 2017, KRW 1 million on November 9, 2017, and KRW 1 million on January 21, 2018, but did not pay the deposit stipulated in the said special agreement.

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

2. According to the above facts of determination as to the cause of claim, after the Defendant was in arrears with at least three vehicles, the instant lease agreement was lawfully terminated on August 9, 2018, on which the Plaintiff served on the Defendant a copy of the instant complaint indicating the intent to terminate the instant lease agreement.

As such, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff KRW 17,050,00 [18,700,000 won (1,100,000 won x 17 months) unpaid from March 1, 2017 to July 1, 2018 - 2.5 million won paid by the Defendant from August 1, 2018 to the completion date of delivery of the instant building]. The Defendant is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 1,100,000 per month from August 1, 2018 to the completion date of delivery of the instant building.

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

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