(영문) 서울중앙지방법원 2019.10.22 2019가단21529

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(영문) 서울중앙지방법원 2019.10.22 2019가단21529

건물명도 등 청구의 소

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1. The Defendant shall deliver the attached list building to the Plaintiff, and deliver the said building from May 2, 2019 to the Plaintiff.

Reasons

On August 2, 2017, the Plaintiff entered into the instant lease agreement between the Defendant with respect to the building listed in the separate sheet (hereinafter referred to as “instant building”) as follows: (a) KRW 5 million in lease deposit; (b) KRW 650,000 in monthly rent; (c) the lease period from August 2, 2017 to August 1, 2018; and (d) the Defendant is occupying and using the instant building until now; (c) while the instant building was temporarily paid monthly rent, the Plaintiff did not pay the monthly rent after the last payment on March 16, 2019; and (d) on August 28, 2018, the Plaintiff did not have any dispute between the parties to the instant lease agreement and the entire pleadings.

In accordance with the above facts, the instant lease agreement is deemed to have been lawfully terminated due to the Defendant’s delinquency in payment of rent and the Plaintiff’s termination notification as of August 28, 2018. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by the ratio of KRW 5.2 million per month from September 2018 to April 2019, which is the unpaid rent or unjust enrichment equivalent to the unpaid rent and KRW 5.2 million per month from September 2018 to April 2019.

Therefore, the argument of the cause of the claim in this case is with merit.

As to this, the Defendant: (a) while the instant building was leased by the obligor D who was living in the village of the Defendant, paid D the monthly rent to the Defendant instead of the Defendant; and (b) the Defendant, who is not healthy, has moved in to provide medical treatment with respect to the building; (c) the Plaintiff’s representative visited the Plaintiff to avoid the same disturbance on a daily basis; (d) died in the aggravation of health and in the process of intimidation and fear; and (e) it is difficult to pay D immediately, taking into account the economic situation and the Defendant’s position that is not suitable for health.

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