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Reasons
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(영문) 서울북부지방법원 2020.11.20 2019가단157311
건물인도
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1. The defendant received KRW 7,500,000 from the plaintiff at the same time as the plaintiff receives KRW 7,500,000,

(a) the buildings listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On September 16, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on the attached list (hereinafter “instant building”) with respect to the lease deposit of KRW 15 million, monthly rent of KRW 1500,000,000,000 from October 10, 2015 to October 10, 2017 (hereinafter “instant lease agreement”). On the date of the contract, the Plaintiff received the lease deposit of KRW 15,00,000 from the Defendant and handed over the instant building to the Defendant.

B. The instant lease agreement was implicitly renewed on the same condition even after the expiry.

C. At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may terminate the instant lease agreement, and the Defendant did not pay the rent for the period of six years until December 4, 2019. The Plaintiff notified the Defendant by content-certified mail on December 4, 2019.

Nevertheless, the Defendant did not pay the overdue rent. On December 11, 2019, the Plaintiff notified the Defendant of the termination of the instant lease by content-certified mail, and the said content-certified mail sent to the Defendant on December 12, 2019.

The rent that the Defendant should pay as of August 10, 2020 or the amount of unjust enrichment equivalent to the rent is KRW 21 million.

Meanwhile, the Defendant, after filing the instant lawsuit to the Plaintiff, paid the Plaintiff KRW 3 million on January 16, 2020, KRW 3 million on February 11, 2020, KRW 3 million on May 4, 2020, KRW 3 million on May 20, 2020, KRW 13.5 million on June 9, 2020, KRW 13.5 million on the remainder of the lease deposit as of August 10, 2020 (=21 million - 13.5 million).

(A) The defendant alleged that he paid the total of KRW 16.5 million until August 29, 2020, but there is no evidence to acknowledge the repayment exceeding the above recognized amount.

The defendant has occupied and used the building of this case until now, and movable property, such as household tools and materials, are stored in the building of this case.

[Grounds for recognition] Unsatisfy, A No. 1.

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