(영문) 서울남부지방법원 2017.06.01 2016가단46219

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(영문) 서울남부지방법원 2017.06.01 2016가단46219

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From August 30, 2016, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On August 23, 2016, the Plaintiff concluded a lease agreement with the Defendant on the real estate indicated in the attached Form (hereinafter “instant building”) with the following terms:

(hereinafter referred to as the instant lease agreement). - The Plaintiff, the lessee, and the Defendant - the lease deposit of KRW 165 million - monthly rent of KRW 1650,000 (including additional taxes, management expenses separately), from August 30, 2016 to August 30, 2018

B. From August 30, 2016, the Defendant did not pay a car once even while occupying and using the instant building in accordance with the instant lease agreement from August 30, 2016 to the date.

C. Accordingly, the Plaintiff notified the termination of the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendant’s delinquency in rent. On January 6, 2017, the duplicate of the instant complaint was served on the Defendant.

[Reasons for Recognition] Facts without dispute, obvious facts in record, entry of Gap 1 to 3 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated around January 6, 2017. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent and the amount of unjust enrichment equivalent to KRW 1.65,00 per month from August 30, 2016 to the completion date of delivery of the said building.

3. As to the judgment on the Defendant’s assertion, the Defendant acknowledged the fact of delinquency in the payment of the rent, but the Plaintiff refused the Defendant’s proposal for payment of the rent in arrears and incurred enormous damages to the Defendant by carrying out a short time on March 28, 2017, and accordingly, the Defendant’s argument should be resolved first. However, unless there is any evidence to acknowledge it, the above argument by the Defendant is without merit.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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