(영문) 서울동부지방법원 2019.07.05 2019가단1719

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울동부지방법원 2019.07.05 2019가단1719

건물명도

Text

1. The Plaintiff:

A. The Defendants, among the three floors of the buildings listed in the attached list, shall include 1, 2, 3, 4, 5, 6, 7, 8.

Reasons

1. Facts of recognition;

A. On December 3, 2018, between Defendant B and Defendant B, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms: (a) the lease deposit amount of KRW 20 million (two million shall be paid at the time of a contract; and KRW 18 million shall be paid at the time of a contract; and (b) the lease agreement (including management expenses) between Defendant B and the third floor of the building listed in the attached Table owned by the Plaintiff, with the content that the lease agreement shall be leased to the Defendant B for two years (hereinafter “instant lease agreement”).

B. Defendant B paid only two million won among the above lease deposit, and did not pay the remainder of 18 million won. The monthly rent also paid only to the part of January 2019, and notified Defendant B of the termination of the instant lease agreement on January 7, 2019, who did not comply with the Plaintiff’s demand to pay the unpaid lease deposit.

C. Defendant C without any title occupies and uses the instant building.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 3, 7, 8, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, since the instant lease contract was lawfully terminated by the Plaintiff’s expression of intent to terminate the contract, Defendant B is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the rate of KRW 2,717,00 per month from February 1, 2019 to the completion date of delivery of the said building. Defendant C Co., Ltd is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, as the unauthorized occupant of the instant building, and to pay the said unjust enrichment jointly and severally with Defendant B.

B. The Defendants’ assertion against the Defendants: (a) Defendant C lawfully leased the instant building from the Plaintiff; and (b) the instant lease deposit was also paid.

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