(영문) 서울중앙지방법원 2015.09.22 2015가단105610

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Reasons

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(영문) 서울중앙지방법원 2015.09.22 2015가단105610

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the separate sheet, each point in the separate sheet Nos. 3, 4, 5, 6, and 3 is specified in the separate sheet No. 3.

Reasons

1. Determination on the cause of the claim

A. (1) Around 2005, the Plaintiff entered into a lease agreement with the Defendant on November 20, 201 with the content that the part on “A” indicated in the attached Form 3, 4, 5, 6, and 3 and the part on “B” indicated in the attached Form 1, 2, 3, 6, and 1 connected each point in sequence with the Defendant as indicated in the attached Form 1, 2, 3, 6, and 1 (hereinafter “the subject matter of this case”) indicated in the attached Form 1, 2, 3, 6, and 26m2 (hereinafter “the subject matter of this case”) indicated in the leased deposit with the Defendant as KRW 6 million and KRW 4 million in monthly rent. Around November 20, 2010, the lease agreement was concluded with the Defendant on the condition that the leased deposit was changed to KRW 8 million and KRW 1 million in monthly rent (hereinafter “the lease agreement of this case”).

(2) When the Defendant delayed the payment of the rent under the instant lease agreement and forced the Plaintiff to reply to the amount of KRW 8 million, which is the amount of the instant lease deposit, the Plaintiff expressed to the Defendant that the instant lease agreement will be terminated on the grounds of delay in the payment of the rent, and demanded the delivery of the instant object. On April 21, 2015, the Defendant agreed to deliver the instant object to the Plaintiff by April 30, 2015.

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

B. According to the above facts of recognition, the instant lease agreement between the Plaintiff and the Defendant is terminated by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in payment of rent for at least two years, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant object to the Plaintiff, deliver it, and pay the unpaid rent and unjust enrichment equivalent to the amount of rent, calculated at the rate of one million won per month from April 1, 2014 to the completion date of delivery of the instant object, as sought by the Plaintiff.

2. The defendant's assertion is difficult to determine the subject matter of this case.

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