logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.11.13 2018나8478
건물인도 등
Text

1.The judgment of the first instance, including any claims expanded and reduced in this Court and any claims added thereto, shall be as follows:

Reasons

1. Facts of recognition;

A. On August 30, 2016, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with a deposit amount of KRW 20,00,000,000, monthly rent of KRW 2,980,000 (Additional tax separate), and the lease agreement between September 20, 2016 to September 19, 2021 (hereinafter “the lease agreement of this case”). Around that time, the Plaintiff received from the Defendant the deposit amount of KRW 20,000,000 from the Defendant and delivered the building of this case to the Defendant.

B. The Defendant paid only 26,224,00 won [=3,278,00 won [=2,980,000 won added to monthly rent x 298,000] x 8 months] to the Plaintiff, which was later paid.

C. On March 2, 2018, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building and overdue rent, etc., and notified the termination of the instant lease by serving a duplicate of the instant complaint on the grounds of the delinquency in rent at least twice. The duplicate of the said complaint was served on the Defendant on April 2, 2018.

On August 10, 2018, the Defendant delivered the instant building to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to return to the Plaintiff the amount of unjust enrichment equivalent to the rent due to the possession of the instant building after the termination of the instant lease agreement and the rent due to the possession of the instant building.

First of all, the unpaid rent is examined.

The fact that the rent is KRW 3,278,00 on the instant lease agreement (i.e., KRW 2,980,000 on monthly rent of KRW 298,00) is as seen earlier. As such, the rent based on the rate of KRW 3,278,00 on May 20, 2017 from May 20, 2017 to April 2, 2018, when the lease agreement is terminated, is KRW 34,746,80 on monthly rent of KRW 34,746,80 (30 days) (=30 days).

Next, I examine unjust enrichment.

In ordinary cases, the possession and use of real estate shall be effected.

arrow