(영문) 수원지방법원 평택지원 2018.08.23 2018가단52325

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줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.08.23 2018가단52325

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule;

(b) from August 1, 2018, entry into paragraph (a).

Reasons

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant commercial building”) by setting the deposit of KRW 15 million, KRW 700,000 per month of rent, and the lease period from July 15, 2013 to July 15, 2015.

(hereinafter “instant lease agreement”). B.

On August 2014 and September 2014, the Defendant delayed the rent and the rent from October 2017 to December 2017. On January 24, 2018, the Plaintiff sent to the Defendant a certificate that the lease contract is terminated on the ground of the foregoing delinquency.

C. After obtaining the above content certification, the Defendant paid the Plaintiff the monthly rent to the Plaintiff by July 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, it is recognized that the instant lease agreement had been terminated by the Plaintiff’s declaration of termination due to the delinquency in rent for at least three years, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the rate of KRW 700,000 per month from August 1, 2018 to the completion date of the delivery of the

3. The Defendant asserts that, as the owner of the instant commercial building, the Plaintiff did not pay rent due to the decline in sales by consenting to the previous construction of the instant commercial building (C business), and the Plaintiff received a certificate of content and paid all the overdue rent. Therefore, the Defendant asserts that the instant claim is unreasonable.

Even if the defendant's assertion is true, it cannot be legally justified for the failure to pay the rent solely due to such circumstance, and the contract is not valid again because the amount of the rent in arrears was paid after the legitimate termination of the lease contract in this case. Therefore, all of the defendant's arguments are rejected.

3. To accept part of the Plaintiff’s claim for conclusion

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