(영문) 수원지방법원여주지원 2019.09.25 2019가단53988

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(영문) 수원지방법원여주지원 2019.09.25 2019가단53988

건물명도(인도)

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2018, the Plaintiff leased a building listed in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit amounting to KRW 20 million, monthly rent of KRW 4 million, and the lease period from March 15, 2018 to March 15, 2028 (hereinafter “instant lease”).

As the terms and conditions of the instant lease agreement, the term “unconditioned at the time of arrears for at least three months” was stipulated as the terms and conditions of the instant lease agreement.

B. On April 18, 2019, the Plaintiff notified the Defendant that “The Defendant shall pay only 12-months from March 2018 to March 15, 2019 (on March 15, 2019), and thereafter, unpaid KRW 16 million in total from January 2019 to April 2019, the Plaintiff shall terminate the instant lease agreement in accordance with the instant lease agreement (hereinafter “instant termination notification”).

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant did not pay the difference between January 201 and April 2019, the instant lease agreement was lawfully terminated upon the instant termination notice.

In addition, the defendant did not pay the rent for September and November of 2018, and the 10 million won of the deposit was overdue.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to unpaid rents and rents.

B. At the time of the notice of termination of the instant case, the unpaid rent was less than 10,50,000 won for three months, and there was a verbal agreement between the Plaintiff and the Defendant to withhold the rent from January 15, 2019 to May 15, 2019.

Therefore, at the time of the notice of termination, the plaintiff did not have the termination right.

3. According to the purport of evidence No. 2, evidence Nos. 6, 7, and the entire pleadings, the Defendant included the Plaintiff in September 2018 (referring to the monthly rent from September 15 to the 14th day of the following month) and the monthly rent from September 2018, including the Plaintiff.

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