(영문) 인천지방법원 2018.07.27 2018가단10639

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(영문) 인천지방법원 2018.07.27 2018가단10639

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) 1,320,000 won and 15% per annum for them from April 13, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On February 24, 2017, the Plaintiff leased the real estate listed in the attached list (hereinafter in this case’s real estate) to the Defendant with a deposit of KRW 3 million, monthly rent of KRW 330,000 (prepaid on the fifth of each month), and two years with a lease period fixed.

(hereinafter referred to as the above lease contract of this case)

The Defendant did not pay the rent from December 5, 2017. On March 7, 2018, the Plaintiff sent to the Defendant a letter verifying that “the instant lease agreement is terminated due to the Defendant’s failure to pay the rent.”

[Grounds for recognition] The items of evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant lease contract was terminated, and the Defendant is obligated to deliver the instant real estate to the Plaintiff, and that the Plaintiff is obligated to return the amount of delayed rent of KRW 1320,000,000 in total from December 5, 2017 to March 5, 2018, and the amount of delayed rent of KRW 1320,000,000, interest on delayed payment thereof, and unjust enrichment equivalent to the rent from

As to this, the defendant asserts that the construction company, which the plaintiff did not pay the construction cost to the construction company, created anxiety, such as finding the defendant, and that it did not pay the monthly rent because it was impossible to trust the lessor, and that the real estate in this case is expected to be delivered if the deposit is returned.

B. (1) According to the above facts, the Plaintiff is obligated to pay damages for delay at the rate of 15% per annum from December 5, 2017 to March 5, 2018, the monthly rent of 1320,000 won (330,000 won x 4 times, and on the lease agreement, monthly rent is required to be paid in advance. Accordingly, it is four times from December to March 201), and as to this, the Plaintiff is obligated to pay damages for delay at the rate of 15% per annum from April 13, 2018 following the delivery of a copy of the complaint of this case to March 5, 2018.

In addition, the defendant delivered the instant real estate to the plaintiff from April 5, 2018.

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