(영문) 대전지방법원서산지원 2016.05.31 2015가단11054

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(영문) 대전지방법원서산지원 2016.05.31 2015가단11054

건물인도 등

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1. The defendant shall be the plaintiff.

(a) Each point of the three floors of the building indicated in the Appendix No. 1, 2, 3, 4, 5, and 1 of the same drawing.

Reasons

1. On October 1, 2013, the Plaintiff: (a) on October 1, 2013, the Plaintiff leased the building specified in the Disposition No. 1 (hereinafter “instant building”); (b) for two years from October 1, 2013; (c) for the lease period of KRW 10,000; and (d) for the monthly rent of KRW 700,000; (c) the Plaintiff and the Defendant agreed to increase the rent of KRW 800,000 from March 2014 to KRW 80,000; (d) the Defendant did not pay KRW 300,000 among the monthly rent on January 1, 2015; and (e) the Plaintiff did not fully pay the rent from February 2, 2015 to the Defendant on December 8, 2015, without notifying the parties of the termination of the lease agreement.

According to the above facts, since the defendant delayed the payment of two or more rents, the above lease contract was terminated on December 8, 2015 by the plaintiff's declaration of termination on December 23, 2015.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to return the unpaid rent and unjust enrichment from the termination date of the said lease to the termination date of possession of the instant building.

Furthermore, the facts that the plaintiff and the defendant set the monthly rent of KRW 800,000 as well as the subsequent rent are the same amount.

Therefore, as requested by the Plaintiff, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 700,00,000 calculated by deducting the Defendant’s lease deposit amount from the sum of KRW 10,700,000,000 (the sum of KRW 300,000,000,000,000 for 13 months from January 2, 2015 to February 2016, plus 10,40,000,000, and the amount of KRW 10,000,000 from March 1, 2016 to March 1, 2016, for unjust enrichment from the delivery of the instant building.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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