(영문) 광주지방법원 2019.11.13 2019가단12850

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(영문) 광주지방법원 2019.11.13 2019가단12850

건물명도 등

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1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the second floor of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 1, 2016, the Plaintiff stated that, among the second floor of the real estate listed in the separate sheet between the Defendant and the second floor of the real estate indicated in the separate sheet, the separate sheet No. 1, 2, 3, 4, 1 are indicated as No. D, but the visit No. 3 is indicated as C.

Part 24.7 square meters (hereinafter “instant lease agreement”) was concluded with the term of lease from May 1, 2016 to April 30, 2017, with the term of lease of KRW 1,00,000, and KRW 260,000 per month of rent (hereinafter “instant lease agreement”).

B. The instant lease agreement was implicitly renewed on May 1, 2017.

C. Since the Defendant paid the rent on December 18, 2017, the Defendant did not pay the rent for 17 months from January 2018 to May 2019.

On July 10, 2019, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served on the Defendant.

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above findings of the judgment of the court of this case, since the lease contract of this case was lawfully terminated on July 10, 2019 due to the defendant's delinquency in rent, the defendant is obligated to deliver the title of this case to the plaintiff and pay the plaintiff the rent of 3,420,000 won (=(260,000 won x 17 months x 17 months) - lease deposit 3,250,000 won for the plaintiff among the overdue rent of 3,250,000 won for the plaintiff and the damages for delay calculated at the rate of 12% per annum from July 11, 2019 to the day of complete payment, and from June 1, 2019 to the day of the delivery of this case C, the amount equivalent to the rent of 250,000 won per annum or the amount of unjust enrichment calculated by the plaintiff from June 1, 2019 to the day of complete payment.

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

참조조문

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