(영문) 서울중앙지방법원 2016.09.02 2015가단5386025

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(영문) 서울중앙지방법원 2016.09.02 2015가단5386025

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver two floors among the buildings listed in the attached list;

(b) KRW 80,960,000 and its interest;

Reasons

1. The following facts may be acknowledged in light of the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, and Gap evidence 9, and the whole purport of the pleadings:

On January 1, 2012, the Plaintiff entered into a lease contract with the Defendant for the second floor (hereinafter “instant leased object”) among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) (hereinafter “the instant leased object”), with respect to which KRW 50,00,000, KRW 5,060,000 per month (including value-added tax), and the lease period from January 1, 2012 to December 31, 2013 (hereinafter “the instant lease contract”), and thereafter, delivered the instant leased object to the Defendant.

B. The instant lease agreement was explicitly renewed around January 1, 2014, and the Defendant delayed the payment of rent from August 2014.

C. The Plaintiff declared to the Defendant that the instant lease contract will be terminated on the grounds that the service of the duplicate of the instant complaint was not paid for more than two years, and the duplicate of the instant complaint was served to the Defendant on January 7, 2016.

2. Determination:

A. According to the above facts finding as to the Plaintiff’s claim, the instant lease agreement was terminated on or around January 7, 2016 on the grounds of the Defendant’s delinquency in rent, and on the other hand, it is confirmed that the instant lease agreement was terminated on or before January 7, 2016, as it was KRW 5,060,000 per month until January 7, 2016, and thereafter the subsequent rent is also the same amount.

Therefore, barring any special circumstance, the Defendant is obligated to restore the leased object to the Plaintiff upon the termination of the instant lease agreement, and is obligated to return the unpaid rent from August 1, 2014 to January 7, 2016, calculated at the rate of KRW 5,060,000 per month, and the unjust enrichment equivalent to the rent from January 8, 2016, which is the date of termination of the instant lease agreement.

B. The defendant's judgment on the defendant's assertion shall be made by himself.

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