(영문) 서울중앙지방법원 2018.10.23 2018가단5209

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(영문) 서울중앙지방법원 2018.10.23 2018가단5209

건물명도 및 임대료 청구의 소

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1. The defendant shall be the plaintiff.

(a) deliver all three floors (81.85 square meters) among the buildings listed in the attached Form;

(b) KRW 16,105,500 and April 2017.

Reasons

1. Facts of recognition;

A. On March 29, 2010, the Plaintiff leased all three floors (81.85 square meters; hereinafter “instant building”) among the buildings indicated in the attached Form to the Defendant as security deposit of 5,000,000 won, monthly rent of 847,000 won, and period of lease of 12 months from April 5, 2010.

(hereinafter “instant lease agreement”). B.

However, on November 30, 2015, the Defendant delayed the payment of the rent stipulated in the instant lease agreement, and the deposit was fully appropriated for the overdue rent, and extinguished. On November 30, 2017, the overdue rent, etc. reached KRW 22,905,50 in total.

C. Accordingly, after the Plaintiff notified the Defendant of the termination of the instant lease agreement on December 1, 2017, the Plaintiff filed the instant lawsuit on January 22, 2018, and the Defendant transferred KRW 6,800,000 to the Plaintiff as the repayment of rent KRW 5,00,000 on March 20, 2018, and KRW 1,000 on June 15, 2018, and KRW 80,000 on July 7, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease of this case was lawfully terminated by the plaintiff's declaration of termination due to the defendant's declaration of termination due to the delay in rent, the defendant is obligated to deliver the building of this case to the plaintiff, and to pay 16,105,500 won (=22,905,500 won-6,800,000 won) remaining after deducting the partial repayment from the unpaid rent as of November 30, 2017 and the following day of the above base date from December 1, 2017 to the above delivery date, or to pay the rent calculated at the rate of 847,000 won per month, or its corresponding unjust enrichment.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and part of the claim is accepted.

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