(영문) 서울서부지방법원 2016.12.20 2016가단212299

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(영문) 서울서부지방법원 2016.12.20 2016가단212299

건물명도

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1. The Defendant (Counterclaim Plaintiff) is indicated in the attached Table from 8,96,775 won to 8,96,775 won from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 22, 201, the Plaintiff entered into a contract with the Defendant to lease the instant real estate owned by the Plaintiff at KRW 50,000,000, monthly rent of KRW 2,750,000 (including additional tax, and payment after October 24, 201), KRW 10,000 per month for management expenses, and from October 25, 201 to October 24, 2013 for the lease term (hereinafter “instant lease contract”), and thereafter, the instant lease contract was implicitly renewed.

B. On January 5, 2016, the Plaintiff did not pay rent to the Defendant from May 2015 to December 5, 2016, and the unpaid rent was from January 25, 2016 to the Defendant.

4. The lease contract of this case shall be terminated unless the lease contract of this case is paid in three-month installments by the 25th day of each month.

“The content of the instant complaint was certified, and the instant complaint was served by the delivery of a duplicate of the complaint, thereby declaring the intention to terminate the lease contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff did not pay rent and management fee for seven months from October 2015 (the rent to be paid on October 24, 2015) to April 2016 (the rent to be paid on April 24, 2016) and the Plaintiff terminated the instant lease agreement, the Defendant was obligated to pay the Plaintiff the rent and management fee for seven months (the rent to be paid on April 24, 2016) (the rent to be paid on the instant real estate 19,950,000 won (the rent to be KRW 2,750,000 for the management fee of KRW 10,000 for the monthly rent) x seven months) and delay damages therefor, the amount of monthly rent and management fee for the instant real estate from April 25, 2016 to the completion date of delivery of the instant real estate or the amount equivalent thereto, and the Plaintiff was obligated to pay the amount of KRW 2,850,00 for each of the instant real estate 200,00 for each of the instant real estate.

B. After the termination of the instant lease agreement, Defendant 1 returned unjust enrichment equivalent to unpaid rent.

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