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Reasons
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(영문) 의정부지방법원 고양지원 2021.01.15 2020가단4419
건물명도 등
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1. The defendant

A. Attached Form

1. Attached Form 3 among the three floors of the real estate stated in the list;

2. Drawings 1, 2, 3, 4, 5, 6, 1-1.

Reasons

1. Facts of recognition;

A. The Plaintiff attached Form to the Defendant on May 28, 2018

1. Attached Form 3 among the three floors of the real estate stated in the list;

2. The portion C in the ship, which was connected in sequence of each point of 1,2,3,4,5,6, and 1 of the drawings, was leased from June 6, 2018 to June 5, 2020 with a deposit of KRW 20,00,000, monthly rent of KRW 930,000 (including a monthly fixed management fee of KRW 30,000) (hereinafter “instant lease”), and thereafter, the real estate of this case was handed over to the Defendant.

The plaintiff and the defendant can terminate the lease contract of this case where the defendant did not delay the lease contract of this case for more than two months.

was determined.

B. From April 5, 2019 to October 5, 2020, the Defendant did not pay the rent of KRW 16,740,00 (=930,000 x 18 months) and thereafter did not pay the rent and management fee.

(c)

On December 5, 2019, the Plaintiff urged the Defendant to pay the rent under the instant lease agreement and sent to the Defendant a document indicating that the contract will be terminated at the time of non-performance by evidentiary mail.

(d)

On April 1, 2020, the Plaintiff sent the instant lease agreement to the Defendant by content-certified mail on the ground that the instant lease contract is terminated on the grounds that the rent is unpaid.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated due to the Defendant’s nonperformance of obligation, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, the Defendant is obligated to pay the monthly rent under the instant lease agreement until the termination of the contract. Since the Defendant gains a profit equivalent to the monthly rent by making use of and benefit from the instant real estate without any legal cause after the termination of the contract, it is obligated to return the amount of the monthly rent to the Plaintiff with unfair benefit.

After all, the defendant has the real estate of this case against the plaintiff.

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