(영문) 서울남부지방법원 2018.06.20 2017가단255553

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(영문) 서울남부지방법원 2018.06.20 2017가단255553

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver real estate listed in the annex;

(b) From 12,350,000 won and May 14, 2018

Reasons

1. Determination on the cause of the claim

A. (1) On November 13, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 600,000 (the 13th of each month), and the term of lease from November 14, 2013 to November 13, 2014 (hereinafter “instant lease agreement”). Since then, the lease agreement was explicitly renewed.

At the time of the conclusion of the above lease agreement, the Plaintiff agreed that the above lease agreement can be terminated if the Defendant did not delay the rent for more than two years.

(2) Meanwhile, from October 2014, the Defendant did not pay the rent from time to time and did not pay the rent accordingly. Based on the time of filing the instant suit, the Defendant was in arrears for 16 months, and the sum of the rent unpaid until May 13, 2018, which is close to the date of closing the argument, is KRW 12,350,000.

(3) Meanwhile, on the other hand, a copy of the instant complaint containing the purport that the instant lease contract is terminated on the grounds of the Defendant’s delay of rent was served on the Defendant on December 8, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above facts, the instant lease contract was lawfully terminated and terminated on December 8, 2017, when the duplicate of the complaint was delivered to the Defendant, and thus, the Defendant lost the source of possession right to the instant real estate. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay to the Plaintiff unjust enrichment equivalent to 12,350,000 won for unpaid rent or rent, and 600,000 won for each month from May 14, 2018 to the completion of delivery of the instant real estate.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.

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