(영문) 춘천지방법원 2017.09.19 2017가단1878

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(영문) 춘천지방법원 2017.09.19 2017가단1878

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

(b) A building of one million won and the above building from September 1, 2017.

Reasons

1. Facts of recognition;

A. On January 19, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the lease of the building attached to the Defendant (hereinafter “the building of this case”) with a deposit of KRW 30 million, monthly rent of KRW 1250,000,000, and the period from January 11, 2015, and delivered the building of this case to the Defendant, and received KRW 30 million from the Defendant.

B. After that, on August 25, 2015, the Plaintiff and the Defendant concluded a lease agreement with the content that the said lease agreement was revised to two years from September 1, 2015 (hereinafter “instant lease agreement”) and returned the difference of the lease deposit to the Defendant.

C. The Defendant, while operating the beauty room in the instant building, occupied and used the instant building by the date of closing argument.

However, from June 2016 to April 2017, the Defendant delayed the monthly rent of 11 months, and on April 5, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Plaintiff did not delay the monthly rent of 3 or more years.

E. From June 1, 2016 to August 31, 2017, the Defendant’s unjust enrichment amounting to 21 million won in total (=1.4 million won x 15 months).

【Ground for Recognition: Facts without dispute, entry of evidence A from 1 to 4, purport of the whole pleadings】

2. According to the facts of the determination as to the cause of the claim, since the instant lease contract was terminated on or around April 5, 2017, the Defendant delivers the instant building to the Plaintiff, and pays the amount calculated by applying the rate of KRW 1,00,000 per month to the Plaintiff as unjust enrichment from September 1, 2017 to September 31, 2017 (a total of KRW 21,00,000 in arrears or unjust enrichment equivalent to the monthly rent until August 31, 2017 - the Plaintiff calculated the difference as above and claimed KRW 1,20,000,000 per month from September 1, 2017 to the delivery date of the said building).

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