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Reasons
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(영문) 서울중앙지방법원 2015.11.25 2015가단20245
건물명도 등
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1. The Plaintiff:

A. The defendant delivers real estate listed in the separate sheet, and

B. From November 14, 2014, the foregoing paragraph (a) is described.

Reasons

1. Facts of recognition;

A. On September 11, 2012, the Plaintiff leased (hereinafter “instant lease agreement”) the real estate listed in the attached list (hereinafter “instant housing”) to the Defendant as KRW 15,00,000, monthly rent of KRW 1,050,000 (including management expenses) and the lease period of KRW 12 months from September 13, 2012 to September 13, 2013.

Article 4 of the instant lease agreement provides, “The lessor may cancel this contract immediately when the lessee has failed to pay the rent more than twice consecutively.”

B. From May 14, 2014, the Defendant delayed the payment of rent, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the following delay by serving the duplicate of the instant complaint on the Defendant. The duplicate of the complaint reached the Defendant on February 6, 2015.

C. Following the receipt of the duplicate of the instant complaint by the Defendant, the portion of the rent in arrears for three months on March 31, 2015, and the portion of the rent in arrears for two months on July 28, 2015, which was paid again to each Plaintiff on July 28, 2015, is in arrears from November 14, 2014, and there is no dispute between the parties.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed legally rescinded by the delivery of a copy of the complaint of this case on February 6, 2015 on the ground of the Defendant’s delinquency in payment of rent. Thus, the Defendant is obligated to deliver the instant house to the Plaintiff with the restoration to its original state, and pay to the Plaintiff the rent or unjust enrichment equivalent to the rent of KRW 1,050,000 calculated from November 14, 2014, the following day after the last rent payment date, to the day after the delivery of the instant house.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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