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Reasons
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(영문) 대전지방법원천안지원 2020.02.13 2019가단7385
건물인도 등
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1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) As from July 25, 2019, KRW 9,367,90 and the above.

Reasons

1. Facts of recognition;

A. On September 25, 2017, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant, with the lease deposit of KRW 5,00,000, KRW 550,000 per month (prepaid on October 25, 201), and the lease term from October 16, 2017 to October 15, 2018.

(hereinafter “instant lease agreement”). B.

On October 16, 2017, the Defendant paid KRW 5,000,000 as the above lease deposit and delivered the instant real estate from the Plaintiff, but delayed the payment of the rent under the instant lease agreement.

C. Paragraph (1) of the instant lease agreement provides that the Defendant’s default charges equivalent to 25% of the rent shall accrue at the time of the unpaid rent. The Plaintiff appropriated a total of KRW 3,850,000 paid by the Defendant for part of the late payment charge and the late payment charge under the instant lease agreement. As of July 24, 2019, the unpaid rent is KRW 7,862,740, and late payment charges are KRW 1,505,160.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-9, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant violated the obligation to pay the rent under the instant lease agreement, it is determined that the instant lease contract was terminated upon the termination of the instant lease agreement by the plaintiff on the grounds of this.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff a total of KRW 9,367,90 (i.e., rent 7,862,740 + 1,505,160 + 1,505,160), which is the day following the day of calculating the said rent, etc., from July 25, 2019 to the day of delivery of the said real estate, unjust enrichment equivalent to the monthly rent of KRW 550,000.

3. As to the determination of the Defendant’s assertion, the Defendant asserted that all the rent was paid by September 2018. However, it is difficult to accept the Defendant’s assertion on the grounds that there is no clear evidence to acknowledge the Defendant’s assertion.

The lessee shall be the one.

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