(영문) 인천지방법원부천지원 2015.11.11 2015가단13838

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(영문) 인천지방법원부천지원 2015.11.11 2015가단13838

건물명도등

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 45,512,251 and as regards these,

Reasons

1. On July 1, 2013, the Defendant entered into a lease agreement with the Plaintiff on the condition that the instant building owned by the Plaintiff was leased KRW 7 million, monthly rent KRW 3.3 million (including value-added tax, separate management expenses), and the period from July 1, 2013 to June 30, 2014 (hereinafter “instant lease agreement”). At present, the Defendant occupies and uses the instant building.

[Ground of recognition] Facts without dispute, Gap 1, 5 evidence (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Since the instant lease contract for the Plaintiff’s assertion terminated due to the expiration of the term of validity or the termination due to the delay of rent, the Defendant is obligated to return the instant building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the overdue rent or rent, and the amount of unjust enrichment equivalent to the rent, until the instant building is returned.

B. Since the Defendant’s overdue rent is merely 1.30,00 won, termination due to overdue rent is not possible, and the term of lease extended on June 30, 2016 due to renewal, the Defendant is not obliged to return the instant building to the Plaintiff.

3. Determination

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of evidence Nos. 1 to 9 (including paper numbers).

1) On June 11, 2012, the Plaintiff leased the instant building to C with a lease deposit of KRW 5 million, KRW 3,300,000 per month (including value-added tax), and the period from June 30, 2012 to June 29, 2013. The Plaintiff and the Defendant agreed to use the instant building by succeeding or leasing the status of C as they are and as their husband around December 1, 2012, and obtained the Plaintiff’s consent. The Defendant occupied and used the instant building from around that time, while entering into the instant lease contract with the Plaintiff on July 1, 2013, and continued to occupy and use the instant building. 2) The Plaintiff and the Defendant are KRW 5 million out of the lease deposit stipulated in the instant lease agreement with the Plaintiff.

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