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Reasons
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(영문) 서울중앙지방법원 2018.07.06 2017가단110081
건물명도등 청구의 소
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet, and pay 15,750,000 won;

B. December 4, 2017

Reasons

1. Basic facts

A. On April 21, 2016, the Plaintiff entered into a lease agreement with the Defendant’s father C, who is the Defendant’s agent, with respect to the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”). From June 4, 2016 to June 3, 2018, the term of lease was fixed as KRW 20 million, KRW 20 million, KRW 1 million per month, and KRW 1 million per month, and KRW 4 million, and the Defendant is residing in the instant building from June 2016.

B. Upon entering into the above lease agreement, the Plaintiff and the Defendant adjusted the deposit to KRW 50 million from August 4, 2016, and KRW 900,000 per month. However, if the Defendant fails to deposit the difference of KRW 30 million by August 4, 2016, it decided to increase the difference to KRW 10,50,000 per month from August 4, 2016.

C. On September 12, 2017, the Plaintiff did not pay a security deposit to increase, and the Plaintiff did not pay a rent from September 4, 2016, and sent a content-certified mail demanding the Defendant to terminate the lease contract on the grounds of the rent delay until that date, and to reinstate the said real estate by November 3, 2017, and the said mail reached the Defendant around that time.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts, including the Defendant’s duty to deliver, the instant lease contract was lawfully terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delay, and the Defendant is obligated to deliver the instant building to the Plaintiff upon restoration to the original state, and to pay 1,5750,000 won in total to the Plaintiff from September 4, 2016 to December 3, 2014 (i.e., KRW 1050,000 x 15 months x 15 months, and the Plaintiff was seeking to pay the rent for 16 months from September 4, 2016 to December 4, 2017, but the Plaintiff was to pay the rent on a monthly basis. As such, from December 4, 2017 to December 3, 2014, the Plaintiff is obligated to pay the rent at the rate of KRW 15,005,000 as unjust enrichment.

3. Conclusion.

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