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Reasons
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(영문) 서울남부지방법원 2018.01.26 2017가단249985
건물명도(인도)
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1. The defendant shall be the plaintiff.

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

(b) KRW 5,110,000 and as regards this,

Reasons

Facts of recognition

A. On August 5, 2014, the Plaintiff leased (hereinafter referred to as “instant lease agreement”) real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant by setting the deposit amount of KRW 25 million, monthly rent of KRW 650,000, and the lease period from August 11, 2014 to August 10, 2016.

After that, the Plaintiff and the Defendant increased the monthly rent to KRW 700,000, and the remaining conditions were the same as the previous conditions.

B. The Defendant received delivery of the instant real estate and used it until now after concluding the initial lease agreement, but paid only KRW 20,290,000 out of the agreed rent of KRW 25,400,00 from August 11, 2014 to October 10, 2017, and delayed payment of KRW 5110,00 for the rent of at least seven (7) years as of October 10, 2017.

C. On October 19, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the Defendant’s failure to pay rent, and reached the Defendant around that time.

【In the absence of any dispute, entry in Gap’s evidence Nos. 1 through 4 (including paper numbers), and the purport of the whole pleadings】

2. According to the fact that the lease contract between the plaintiff and the defendant was lawfully terminated by the plaintiff's notice of delinquency in rent and subsequent termination for more than two years.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent of KRW 5,110,000 and the unpaid rent of KRW 5,110,00 from October 10, 2017 to the date of delivery of the copy of the instant complaint, with 15% interest per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 10, 2017 to the date of full payment, and to pay the rent or unjust enrichment equivalent to the rent of KRW 700,00 per month from October 11, 2017 to the date of delivery of the said real estate.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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