(영문) 서울중앙지방법원 2015.04.22 2014가단5097144

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(영문) 서울중앙지방법원 2015.04.22 2014가단5097144

건물명도

Text

1. The defendant shall be the plaintiff.

A. Attached Form

1. Attached Form among the first floor of the building entered in the real estate list;

2. Drawings 1, 2, 3, 4, 5.

Reasons

1. Determination as to the cause of the claim (a building delivery obligation, unpaid rent, and occurrence of an obligation to pay unjust enrichment)

A. Facts of recognition (1) The plaintiff is attached to the attached Form.

1. An attachment to the Defendant on April 25, 2013, as the owner of a building entered in the real estate list;

2. The portion of “A” as indicated in the drawings (hereinafter “instant store”) was leased with the following content:

For rent use: 10,00,000 won: the lease period of KRW 26,862,00 per month (including additional taxes): from April 26, 2013 to April 30, 2016, the Plaintiff notified the Defendant that the instant lease contract was terminated on March 31, 2014, when the Plaintiff delayed payment of KRW 142,026,370.

[Ground for Recognition: Facts without dispute, Gap 1 and 2]

B. According to the above facts of recognition, the instant lease agreement was terminated on March 31, 2014 due to the Defendant’s delinquency in rent. Therefore, the Defendant is liable to deliver the instant store to the Plaintiff, and to pay the unpaid rent and unjust enrichment equivalent to the rent after April 1, 2014.

2. Judgment on the defendant's assertion of mutual aid

A. Since there is no dispute that the offset of the lease deposit paid to the Plaintiff the lease deposit amounting to KRW 100,000,000, the pertinent amount should be deducted from the rent payable to the Plaintiff according to the Defendant’s declaration of offset.

B. The Defendant deducts loss from business loss to the Defendant, who violated the duty of the lessor pursuant to Article 623 of the Civil Act by unilaterally violating the matters that the Plaintiff promised to the Defendant as the lessor, allowing the Plaintiff to voluntarily reduce business hours, and designating the date of compulsory closure without any compensation.

3. The defendant asserts that since the defendant suffered damages such as the entry in the list of damages, the total amount of KRW 239,331,552 should be deducted from the rent and unjust enrichment payable to the plaintiff.

However, the execution of holidays due to various events in which the defendant is at issue, reduction of business hours, and

참조조문

-민법 제623조

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