(영문) 수원지방법원 2018.07.17 2017가단17043

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(영문) 수원지방법원 2018.07.17 2017가단17043

건물명도등

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1. The Plaintiff:

A. The Defendants deliver the real estate stated in the separate sheet;

B. Defendant B shall be KRW 2,200,000 and June 1, 2017.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion terminated the instant lease agreement on the grounds of the delinquency in rent by Defendant B. Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay unjust enrichment equivalent to the rent in proportion to the amount of KRW 6,600,000 per month from April 1, 2017 to the completion date of delivery of the said real estate.

B. (1) On August 31, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit of KRW 150,000,000, monthly rent of KRW 6,600,000 (including value-added tax), from April 30, 2015 to April 30, 2020.

(2) From April 1, 2016 to April 30, 2017, Defendant B did not pay a total of KRW 67,400,000 for the instant real estate, and the Plaintiff filed a lawsuit against Defendant B seeking a rent for up to March 2017 with the Seoul Central District Court No. 2016 Ghana279178, 354871, 446978, 2478, and 2474 and the same court No. 2017 tea21509.

On May 12, 2017, the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement on the grounds of delinquency in rent.

(3) Defendant B paid KRW 11,00,000, out of the overdue rent after April 2017, to the Plaintiff.

(4) The instant building is currently owned by the Defendants.

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

C. According to the above facts of determination, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay the Plaintiff the amount of 13,200,000 won (=6,600,000 won x 2 months) minus KRW 11,00,000, and the amount of 2,200,000 from June 1, 2017 to the completion date of delivery of the said real estate at the rate of 6,60,000 won.

(1) Determination of the Defendants’ assertion (1) The Plaintiff and Defendant B are first made.

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