(영문) 수원지방법원성남지원 2016.05.31 2015가단28486

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(영문) 수원지방법원성남지원 2016.05.31 2015가단28486

건물인도

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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) From 70,000 won and December 26, 2015

Reasons

1. Facts of recognition;

A. On December 16, 2014, the Plaintiff agreed to lease the instant building to the Defendant by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,210,000 (including value-added tax; hereinafter the same shall apply) and the lease term of KRW 1,210,00 (including value-added tax; hereinafter the same shall apply) from December 26, 2014 to December 26, 2015, and delivered the instant building to the Defendant on December 26, 2014.

B. The Defendant agreed that the Plaintiff may terminate the contract in the event that the deferred amount of the above lease agreement amounts to two (2) rents.

(Article 4)

C. When the Plaintiff was in arrears at least two months until September 9, 2014, the Plaintiff sent a document verifying the termination of the contract to the Defendant and served the document.

2. According to the allegations and the above findings, the lease agreement on the instant building was lawfully terminated by delivery of the content certification on September 9, 2014.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

On the other hand, the defendant is obligated to compensate for the damages equivalent to the rent by the date of the completion of delivery, since he illegally occupies the building of this case even though the lease contract has been terminated.

However, the fact that the Defendant paid 7,700,000 won to the Plaintiff by December 31, 2015 is without dispute between the parties, and the said money is paid for the monthly rent and the amount of damages equivalent to the monthly rent until November 2015 (Provided, That the amount equivalent to the value-added tax has not been paid), and the Defendant is obliged to pay as damages the amount of money calculated by the rate of KRW 1,210,00,000 that was paid to the Plaintiff from December 26, 2015 to December 26, 2015.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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