(영문) 전주지방법원 2020.09.15 2020가단12549

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Reasons

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(영문) 전주지방법원 2020.09.15 2020가단12549

건물인도 등

Text

1. The defendant shall order the plaintiff to indicate 1, 2, 3, 4, 5, 6, and 1 of the annexed drawings among the buildings listed in the annexed list.

Reasons

1. Facts of recognition;

A. On October 2016, the Plaintiff entered into a lease agreement with the Defendant on the part inside the ship connected in sequence of each point of 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the separate sheet (hereinafter “instant building”) with a deposit of 30 million won, monthly rent of 1.9 million won (payment on October 18), and with a lease agreement as of October 30, 2018 (hereinafter “instant lease agreement”) with the lease period of 274.18 square meters (hereinafter “the instant lease agreement”), and the lessor agreed that the lease can be terminated if the lessee fails to pay for the rent of 3-year rent.

B. The Plaintiff and the Defendant renewed the instant lease agreement on October 19, 2018.

C. After May 2019, the Defendant paid 3.7 million won to the Plaintiff on March 28, 2020.

Ultimately, the Plaintiff submitted the instant complaint stating that the Plaintiff terminated the instant lease agreement on the grounds that the Defendant was in arrears, and the duplicate of the instant complaint was served on June 1, 2020.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4, a significant fact in this court, and the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment as to the cause of the claim, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground that the Defendant was in arrears with the amount of rent for the three-year period of rent.

Therefore, barring any special circumstance, the Defendant, a lessee of the instant lease agreement, is obligated to order the lessor, to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated from May 19, 2020 to the date on which the Defendant completed the surrender of the instant building, calculated by the ratio of KRW 1,90,000 per month.

B. As to the defendant's argument, the defendant's assertion that the defendant should be guaranteed the opportunity to recover the premium, but the defendant's amount corresponding to the three-year rent.

유사 판례

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