(영문) 서울중앙지방법원 2020.05.07 2019가단5301763

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(영문) 서울중앙지방법원 2020.05.07 2019가단5301763

건물인도

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1. The defendant is against the plaintiffs:

(a) Of the third floors of the building listed in the attached list, the Attached Form 2 Map 1, 2, 3, 4, 1 shall be as follows.

Reasons

1. The facts under the recognition may be found, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 (including each number), as well as in the entire purport of the pleadings.

On October 2007, the Plaintiffs leased to the Defendant the real estate (hereinafter “instant real estate”) set forth in Paragraph (1) of the Disposition No. 1 (hereinafter “instant real estate”) for a lease deposit of KRW 10 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and the lease period of KRW 4 years.

(B) The above lease contract is called the lease contract of this case).

On October 22, 2011, the Plaintiffs set the following as KRW 1,595,00 (including value-added tax) upon renewal of the instant lease agreement with the Defendant.

C. By April 2019, the Defendant delayed the payment of the rent of at least KRW 21,415,000 for at least 13 months. On April 29, 2019, the Plaintiffs expressed to the Defendant the intent to terminate the instant lease agreement on the ground of the foregoing delayed payment.

Since then, the defendant continues to delay the rent from January 1, 2019, and currently occupies and uses the real estate of this case.

2. According to the above facts of recognition, it is reasonable to view that the instant lease agreement was lawfully terminated on April 29, 2019, when the plaintiffs' expression of intent to terminate the lease agreement was delivered to the defendant on the grounds of the defendant's delay of rent, and therefore, the defendant is obligated to deliver the instant real estate to the plaintiffs.

In addition, the Defendant is obligated to pay the rent or unjust enrichment calculated from January 1, 2019 to the date of completion of delivery of the instant real estate from January 1, 2019 to the date of completion of delivery of the instant real estate.

3. In conclusion, the plaintiffs' claim against the defendant is reasonable, and it is so decided as per Disposition.

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