(영문) 대전지방법원홍성지원 2017.11.29 2017가단5570

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(영문) 대전지방법원홍성지원 2017.11.29 2017가단5570

건물명도(인도)

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1. From 7,181,340 won to 7,181,340 won, the Defendant shall each month from October 16, 2017 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 12, 2016, the Plaintiff entered into a lease agreement with the Defendant with a deposit of KRW 20,00,000 for the instant building; KRW 1,500,000 for the monthly rent until May 15, 2017; KRW 1,700,000 for the period from May 16, 2017; and the term of lease from July 12, 2016 to July 12, 2018 (hereinafter referred to as “instant lease agreement”); and thereafter, delivered the instant building to the Defendant after receiving deposit of KRW 20,00,000 from the Defendant.

B. Article 4 of the instant lease agreement stipulates that a lessor may cancel a contract in case where a lessee fails to pay rent more than twice.

C. From January 2017, the Defendant began to pay the rent in arrears, and from March 2017, the Defendant did not pay the rent at all.

On May 15, 2017, the Plaintiff urged the Defendant to pay the sum of KRW 4,00,000 in arrears by sending a certificate of content, and notified the Defendant that the instant lease contract was terminated on May 23, 2017, by again sending a certificate of content to the Defendant on May 23, 2017.

E. On October 15, 2017, the Defendant paid KRW 12,500,000 for the aggregate of the rents unpaid by October 15, 2017, and the Plaintiff paid KRW 318,660 to Seocheon-gun, instead of the Defendant, for the continued road occupation cost to be borne by the Defendant under a special agreement under the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above fact-finding, the instant lease contract was terminated around May 23, 2017 due to the Defendant’s delinquency in payment of rent at least twice, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, return unjust enrichment equivalent to the unpaid rent and the instant building by the completion date of delivery, and continue to occupy and use the road expenses.

The defendant cannot respond to the request for delivery until he receives a refund of KRW 20,000,000 from the plaintiff.

유사 판례

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