(영문) 울산지방법원 2020.05.13 2019가단121086

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(영문) 울산지방법원 2020.05.13 2019가단121086

건물명도(인도)

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1. The defendant is against the plaintiffs:

(a) deliver 158.35 square meters per floor among the buildings listed in the attached list;

(b) 6,800,000 won; and

Reasons

1. Basic facts

A. On May 26, 2014, the Plaintiffs leased the first floor of the building No. 1 (hereinafter “instant building”) indicated in the attached list of the Plaintiffs’ sharing (hereinafter “instant building”) to the Defendant, with the lease deposit of KRW 30 million, monthly rent of KRW 1.6 million, and the period from July 1, 2014 to June 30, 2016.

(hereinafter “instant lease”). (b)

The defendant delayed to pay the total monthly rent of 23 months from November 2017, April 2018, June through December, 2018, and January 2019 to February 2020, while occupying and using the building of this case until now.

[Judgment of the court below] The ground for recognition is without a dispute, Gap 1 through 3 (including a provisional number), the purport of the whole pleadings.

2. According to the above facts, the Defendant did not pay the Plaintiffs more than three months a monthly rent under the instant lease agreement, and it is apparent in the record that the duplicate of the instant complaint containing the Plaintiffs’ declaration of intent to terminate the instant lease agreement was served on October 11, 2019, and thus, the instant lease agreement was lawfully terminated on October 11, 2019.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs, and the defendant gains a considerable amount of monthly rent while continuously occupying and using the building of this case after the termination of the lease contract of this case, while causing damages equivalent to the same amount to the plaintiffs, the defendant is obligated to pay the plaintiffs overdue rent or unjust enrichment.

As the Defendant did not receive a value-added tax invoice from the Plaintiffs and did not receive a value-added tax, it asserts to the effect that the Defendant would offset the amount of value-added tax (160,000 won x 66 months) in total for 66 months. However, there is no evidence that the Defendant agreed between the Plaintiffs and the Defendant at the time of the instant lease agreement to pay the Plaintiff a value-added tax including the monthly rent.

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