(영문) 서울북부지방법원 2020.07.21 2019가단18959

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(영문) 서울북부지방법원 2020.07.21 2019가단18959

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver 36.72 square meters of five stories among the real estate listed in the attached list;

(b) KRW 3,200,000 and April 2019.

Reasons

1. Facts of recognition;

A. On September 9, 2013, the Plaintiff leased 3,000,000 square meters of five stories (hereinafter “instant real estate”) among the real estate listed in the attached Table list to the Defendant as of October 11, 2015, with a deposit of KRW 3,000,000 per month (payment on October 12, 2013), and the period from October 12, 2013 to October 11, 2015.

(hereinafter “instant lease agreement”). B.

The Plaintiff and the Defendant have renewed the term of the instant lease agreement, and the rent was changed to KRW 250,000 per month.

C. From August 12, 2018 to November 12, 2019, the Defendant resided in the instant real estate and failed to pay KRW 3,200,000, which was the sum of the rent from August 12, 2018 to November 12, 2019. The Plaintiff notified the Defendant of his/her intention to terminate the instant lease contract by serving a duplicate of the instant complaint, which was served on the Defendant on December 2, 2019.

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

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated on or around December 2, 2019 on the ground of the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the money calculated at the rate of KRW 3,200,000 per annum from November 13, 2019 to the completion date of delivery of the said real estate as rent or unjust enrichment.

As to this, the defendant illegally leased the real estate of this case which the plaintiff could not be leased by deceiving the defendant, and then arbitrarily altered the contract, and did not perform the obligation to repair the defects of the leased property, and violated the lease contract of this case. Since the defendant committed an unlawful act, such as an unlawful act, insult, and unauthorized intrusion of residence, the plaintiff's claim is unjustifiable, but there is no evidence to acknowledge it, the defendant's claim is without merit.

3. The plaintiff's claim is reasonable.

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