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Reasons
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(영문) 서울서부지방법원 2019.09.19 2018가단15508
건물명도(인도)
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1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. As from July 18, 2018, Defendant C is above.

Reasons

1. Facts of recognition;

A. On October 17, 2017, the Plaintiff entered into a lease agreement with Defendant C on a deposit of KRW 5 million, monthly rent of KRW 500,000,000,000 from October 17, 2017 to October 16, 2018 (hereinafter “instant lease agreement”), and around that time, handed over the said real estate to Defendant C.

B. Defendant C did not pay the Plaintiff a rent under the instant lease agreement from July 18, 2018. Accordingly, the Plaintiff expressed his/her intent to rescind the instant lease agreement on the grounds of the delinquency in rent for at least two years by serving a duplicate of the instant complaint on Defendant C. The duplicate of the instant complaint was served on Defendant C on January 25, 2019. (2) Defendant D currently resides in the instant real estate.

[Reasons for Recognition] Defendant C: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination as to the cause of action

A. According to the facts found earlier, the instant lease agreement was terminated on January 25, 2019 on the grounds of the Defendant’s delinquency in rent for at least two years, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

B. Furthermore, we examine the Plaintiff’s monetary claim.

The facts as seen earlier are the monthly rent of 500,000 won under the instant lease agreement. The fact that Defendant C continues to possess and use the instant real estate is not disputed between the parties, and barring special circumstances, it is confirmed that the rent after the termination of the instant lease agreement was KRW 50,000 per month.

Therefore, Defendant C is obligated to pay to the Plaintiff the rent and unjust enrichment equivalent to the rent, calculated at the rate of KRW 500,000 per month from July 18, 2018 to the completion date of delivery of the instant real estate.

3. Conclusion, the plaintiff.

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