(영문) 서울북부지방법원 2019.05.30 2018가단11180

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(영문) 서울북부지방법원 2019.05.30 2018가단11180

건물인도 등

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1. The defendant shall receive KRW 5,763,00 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table shall be the plaintiff.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant building”) with the terms of KRW 10 million as lease deposit, KRW 1.5 million as rent monthly, and the period from May 16, 2016 to May 15, 2018 (hereinafter “instant lease agreement”).

B. After paying the Plaintiff the lease deposit of KRW 10 million, the Defendant received the instant building and operated the restaurant. The Plaintiff and the Defendant agreed to terminate the instant lease agreement as of May 15, 2018, and the Defendant suspended the restaurant business after May 15, 2018, and left the restaurant.

C. Meanwhile, as of May 15, 2018, the Defendant, from March 1, 2018 to March 1, 2018, delayed payment of KRW 3,750,00 (=1.5 million x (21/2), electricity charges of KRW 165,710, and water rates of KRW 321,290.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated on May 15, 2018, the Defendant is obligated to deliver the instant building to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff unjust enrichment per rent calculated by the rate of KRW 344,050,050,000,000 in arrears as of July 31, 2018, and the electricity fee of KRW 321,290,000, in total, KRW 8,165,340, and KRW 8,165,340 from August 1, 2018 to the day on which delivery of the instant building is completed.

3. Determination

A. According to the above facts, the part on the claim for delivery of the instant building was completed on May 15, 2018, and thus, the Defendant is obligated to deliver the instant building, which is the leased object, to the Plaintiff.

(2) As to the above, the defendant shall first make a defense of simultaneous performance to the effect that the building of this case cannot be delivered until the deposit for lease is returned.

On the other hand, according to the instant lease agreement, the Defendant’s deposit to the Plaintiff.

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