(영문) 창원지방법원진주지원 2016.11.15 2016가단3795

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(영문) 창원지방법원진주지원 2016.11.15 2016가단3795

건물명도 등

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1. The defendant shall be the plaintiff.

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

(b) pay 480,000 won;

2...

Reasons

1. Basic facts

A. On September 15, 2014, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 20,000,000, monthly rent of KRW 1,600,000, and the lease period of KRW 24 months from October 31, 2014, and the first day of each month from the date of rent payment (hereinafter “instant lease contract”).

B. On October 31, 2014, the Defendant paid a deposit of KRW 20,00,000 to the Plaintiff, and began to delay that the instant real estate was “C,” operating a restaurant in the trade name, and that it was from May 2015. From August 2015, the Defendant discontinued the said restaurant and did not operate it.

C. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on the grounds that the instant lease contract was terminated by the delivery of the duplicate of the complaint, and on June 24, 2016, the duplicate of the complaint reached the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. 1) According to the facts of the determination on the claim for the delivery of a store, the determination on the part on the claim for the delivery of the instant lease contract is based on the following facts: (a) the Defendant’s duplicate of the complaint of this case containing his/her declaration of intent to terminate the instant lease contract was delivered to the Defendant on June 24, 2016, and thus the instant lease contract was terminated; (b) the Defendant is obligated to deliver the instant real estate to the Plaintiff; and (c) the Plaintiff’s decision on the determination on the overdue rent and the claim for return of unjust enrichment was in arrears of KRW 20,80,000,000 for 13 months until June 30, 2016; and therefore, (c) the Plaintiff’s repayment of the foregoing overdue rent and unjust enrichment should pay the amount equivalent to KRW 20,80,000,000 per month from July 1, 2016 to the completion date of delivery of the instant store.

On June 24, 2016, the Defendant’s rent of KRW 20,480,00 by June 24, 2016 = 12 months by May 31, 2016.

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