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Reasons
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(영문) 춘천지방법원 2016.11.29 2016가단3747
건물명도 등
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1. The Plaintiff:

A. The Defendants deliver 139.88 square meters on one floor among the buildings listed in the attached Form;

B. Defendant B shall be on May 1, 2016.

Reasons

1. Facts of recognition;

A. On August 4, 2013, the Plaintiff leased to Defendant B a deposit of KRW 25 million on the 1st 1st 139.88 square meters (hereinafter “the instant building”) among the buildings indicated in the attached Form, KRW 1.5 million, KRW 1.5 million (payment on the last day of each month), the period of five years, and the lessee determined that he/she shall not sublease or transfer the right of lease without the lessor’s consent (hereinafter “the instant lease agreement”), and handed over the instant building to the said Defendant.

B. However, Defendant B paid to the Plaintiff KRW 2.5 million out of the deposit amount of KRW 25 million.

C. In addition, on April 3, 2015, Defendant B drafted a letter of prohibition on sub-lease to the Plaintiff that “to prohibit sub-lease within the term of the lease and to take responsibility for it,” but around August 2015, Defendant C sub-leases the instant building to Defendant C without the Plaintiff’s consent and operates D business points in the instant building.

Accordingly, the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement as the instant complaint, and the instant warden served the Defendant on June 27, 2016.

E. Meanwhile, with respect to the overdue rent until April 30, 2016, the Plaintiff filed a separate claim against Defendant B, etc. for the Chuncheon District Court 2016Kadan3839 case, and Defendant B did not pay the monthly rent from May 1, 2016 to the Plaintiff.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence Nos. 4, 5, 7 and 10 (including paper numbers), the purport of the whole pleadings]

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on June 27, 2016, which was served on Defendant B by the instant complaint, and thus, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant B is obligated to pay the amount of unjust enrichment equivalent to the monthly rent or monthly rent, calculated at the rate of KRW 1.5 million per month from May 1, 2016 to the delivery date of the instant building.

3. Determination as to the Defendants’ assertion

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