(영문) 서울중앙지방법원 2016.08.09 2015가단184798

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(영문) 서울중앙지방법원 2016.08.09 2015가단184798

건물인도 등

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1. The defendant shall be the plaintiff.

(a) deliver 168.19 square meters of five stories among the real estate listed in the attached list;

(b) 10,890,000 won;

Reasons

1. Facts of recognition;

A. On February 7, 2015, the Plaintiff leased the leased property KRW 3,630,000,000 (including prepaid payment and surcharges) including lease deposit, monthly rent management expenses, to the Defendant from February 15, 2015 to February 14, 2016, among the buildings listed in the attached Table (hereinafter “the leased property of this case”) with five floors 168.19 square meters (hereinafter “the leased property of this case”) among the buildings listed in the attached Table to the Defendant.

(hereinafter referred to as the “instant lease agreement”). In the event that the instant lease agreement was delayed at least twice a month, the lessor agreed to immediately terminate the instant lease agreement.

B. After the conclusion of the instant lease agreement, the Plaintiff paid KRW 30 million to the Defendant by February 16, 2015, and occupied and used the leased object of this case upon delivery. On July 15, 2015, the Plaintiff delayed the rent and management expenses to be paid on July 15, 2015, and the overdue rent as of October 15, 2015 (i.e., KRW 10,890,000 x 3,630,000 x 3,000).

C. On October 8, 2015, the Plaintiff sent to the Defendant a document certifying the termination of the instant lease agreement on the grounds of at least twice of rent as stipulated in the instant lease agreement, and the mail certifying the contents thereof reached the Defendant on October 12, 2015.

[Grounds for Recognition: Facts without dispute, entries in Gap 1 to 5 evidence (including each number), the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the instant lease contract was lawfully terminated on October 12, 2015, inasmuch as the Plaintiff notified the Defendant of the termination thereof on the grounds of the Defendant’s delay at least twice of rent.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff and pay the unpaid rent of KRW 10890,000,000 to the Plaintiff, and to pay unjust enrichment per rent of KRW 3,630,00 per month from October 16, 2015 to the time of delivery of the leased object of this case.

The plaintiff is 15% per annum from the delivery date of a copy of the complaint of this case to the date of complete payment.

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