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Reasons
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(영문) 인천지방법원 2017.07.05 2016가단60999
건물인도
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1. The defendant shall be the plaintiff.

(a) Among the buildings listed in the attached Form, each point is indicated in the attached Form 1, (2), (7), (8), and (1);

Reasons

1. Facts of recognition;

A. On August 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 20,000,000, monthly rent of KRW 1,300,000, and the period from August 6, 2015 (hereinafter “instant lease agreement”). At around that time, the Plaintiff handed over the instant building to the Defendant around that time.

B. The Defendant paid to the Plaintiff KRW 20,000,000 as the above lease deposit, and occupied and used the instant building, and did not pay two or more rents.

C. On December 26, 2016, the Plaintiff filed the instant lawsuit claiming the Defendant for the delivery of the instant building and the payment of overdue rent. The duplicate of the instant complaint was served on the Defendant on February 16, 2017.

Since February 16, 2017, the defendant has occupied and used the building of this case until then.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated on February 16, 2017, on which the copy of the complaint of this case containing the Plaintiff’s intention to terminate the contract on the grounds of the delinquency in the payment of more than two years of rent, and thus, the Defendant is obligated to order the Plaintiff to restore the building to its original state.

In addition, the rent under the instant lease agreement is KRW 1,300,000 per month, and the Defendant has continuously occupied and used the instant building from February 16, 2017 to the present date, thereby obtaining unjust enrichment of KRW 1,300,000 per month. As such, the instant lease agreement between September 6, 2015 and April 5, 2017 is 24,70,000 (= monthly 1,300,000 x 19 months).

Meanwhile, the Plaintiff was paid KRW 20,000,000, and KRW 3,555,365 from the Defendant.

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