(영문) 수원지방법원성남지원 2017.08.23 2017가단4361

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(영문) 수원지방법원성남지원 2017.08.23 2017가단4361

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 12, 2016, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On May 1, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 50,00,000 for lease deposit, KRW 3,410,00 for rent per month, KRW 3,410 for rent (including value-added tax), KRW 11 for rent payment per month, and the lease period from May 12, 2015 to May 12, 2017, respectively.

(hereinafter “Lease of this case”). (b)

As the Defendant began to pay the rent from July 12, 2016, the Plaintiff sent to the Defendant a certificate of contents that demands the payment of the rent in arrears over three occasions on November 4, 2015, August 19, 2016, and November 24, 2016, and each of the above certificates was served to the Defendant around that time.

C. Nevertheless, the Defendant continued to pay the rent. On March 6, 2017, when the Plaintiff urged the Defendant to pay the rent for arrears, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the ground of the overdue rent for at least three years (hereinafter “certificate of content of this case”).

The content certification of this case was served on the defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated at the time of delivery of the certificate of content of the instant case, which stated the Plaintiff’s declaration of termination of the lease agreement on the ground of the Defendant’s delinquency in payment of rent for at least three years. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff. From July 12, 2016 to July 12, 2016, which began to delay in the delivery of the instant real estate, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent from rent to rent of KRW 3,410 to rent.

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

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