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Reasons
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(영문) 대구지방법원 서부지원 2018.09.06 2018가합50851
건물명도(인도)
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1. The defendant is against the plaintiffs, and A.

Attached Form

b) deliver each real estate listed in the list;

34,170,967 won shall be paid.

2...

Reasons

1. Basic facts

A. On May 23, 2017, the Plaintiffs leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 150 million, KRW 900,000,000 per month, KRW 150,000 per month (in addition to value-added tax, KRW 15,000 per month), the lease term from June 15, 2017 to June 14, 202 (hereinafter “instant lease agreement”); and the lessee’s delayed payment of the monthly rent of KRW 2,00,000,000 per month, the lease agreement was terminated.

(Article 11(1)(b) of the instant lease agreement

The Defendant did not pay the Plaintiff the monthly rent of KRW 9.9 million from December 15, 2017, while operating the horse in the name of “FE” in the instant real estate.

C. On January 16, 2018 and February 1, 2018, the Plaintiffs notified the Defendant that the instant lease contract was terminated on the grounds of the delinquency in rent for more than two years, and that the said notification was delivered to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the fact that the lease contract of this case was terminated, the lease contract of this case was terminated lawfully by the notice of termination under Article 11(1) of the lease contract of this case on the ground that the defendant did not pay rent for at least two consecutive years.

B. Since the Plaintiffs delivered the instant real estate to the Defendant pursuant to the instant lease agreement, the instant lease agreement was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

C. As to the claim for return of the rent and the unjust enrichment equivalent to the rent by March 28, 2018, the Defendant also recognized that the Defendant was operating the instant real estate by March 28, 2018.

Therefore, the defendant has to the plaintiffs from December 15, 2017 to March 28, 2018.

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