(영문) 서울중앙지방법원 2017.02.08 2016가단97099

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(영문) 서울중앙지방법원 2017.02.08 2016가단97099

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b)21,847,103 Won and its 17,250 among them;

Reasons

1. On August 3, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,500,000 (in addition to value-added tax, KRW 25,000, monthly rent of KRW 250,000 (in addition to value-added tax, payment of KRW 25,00) and the lease period of KRW 2 years from August 10, 2015.

The defendant did not pay 4,00,000 won out of the lease deposit, and did not pay 2 or more cars.

The plaintiff terminated the above lease contract, and seek against the defendant the delivery of the building of this case, the deposit not paid, the unpaid rent and the delay compensation therefor, and the return of the rent or the equivalent unjust enrichment by the date of the completion of delivery of the building of this case.

2. The cited part ① Claim for Delivery of the building of this case: (i) the unpaid rent of KRW 17,250,000 for the period from August 26, 2015 to July 25, 2016 (i.e., the unpaid rent of KRW 30,250,000 - the rent of KRW 13,000 paid - the rent of KRW 13,000) and the delivery date of a copy of the complaint, which is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform; (ii) the annual rate of KRW 5% prescribed by the Civil Act until February 8, 2017; and (iii) the period from the next day to the day of full payment until the day of full payment (the claim for delay payment) at the rate of KRW 15% per annum from July 26, 2016 to the completion date of delivery of the building of this case; and (iv) the unpaid claim for restitution of unjust enrichment of KRW 30050 or 97.

3. The dismissed portion (the part concerning the claim for the unpaid lease deposit of KRW 4,000,000 and delay damages) is to claim for the payment of the above amount and damages for delay on the ground that the Defendant did not pay KRW 4,000,000 out of the lease deposit of KRW 40,000 under the lease agreement.

However, such a claim continues to exist in effect between the parties.

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