(영문) 수원지방법원평택지원 2016.11.30 2016가단10310

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(영문) 수원지방법원평택지원 2016.11.30 2016가단10310

건물명도 등

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 1, 2016, as above:

subsection (b).

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15 million, monthly rent of KRW 1600,000 (excluding value-added tax), and the period from October 20, 2014 to 24 months.

B. From January 1, 2016, the Defendant did not fully pay to the Plaintiff the rent based on the instant lease agreement.

C. On September 8, 2016, the Plaintiff filed the instant lawsuit to the effect that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent, and the duplicate of the complaint was served on the Defendant on September 8, 2016.

The Defendant still occupies and uses the instant building as of November 2, 2016, which was the date of closing the argument in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's expression of intention to terminate the lease contract of this case on the ground of the defendant's delay of more than three rents. Thus, the defendant who occupies the building of this case is obligated to deliver the building of this case to the plaintiff and to pay the plaintiff the overdue rent including value added tax and the amount of unjust enrichment equivalent to the rent.

B. Meanwhile, around September 8, 2016, when the rent based on the instant lease agreement and the rent for the instant building are included in value-added tax, the facts constituting KRW 1760,000 per month are as seen earlier. Since the rent for the instant building thereafter is confirmed as identical to the rent for the instant building, the Defendant’s delayed payment and unjust enrichment equivalent to the rent for the instant building, which the Plaintiff seeks, are calculated at the rate of KRW 17,60,000 per month from January 1, 2016 to the date the delivery of the instant building is completed.

3. Thus, the plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition.

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