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Reasons
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(영문) 의정부지방법원 2017.04.06 2016가단7616
건물명도
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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, and 4 among the first floor of the building indicated in the attached Table No. 1.

Reasons

1. Facts of recognition;

A. 1) On May 18, 2010, the Plaintiff, as the owner of the building listed in the separate sheet, was the owner of the building listed in the separate sheet and connected each point of the attached sheet No. 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the separate sheet between the Defendant and the Defendant (hereinafter “instant building”).

(C) A lease agreement with respect to the term of lease deposit KRW 60,000,000, monthly rent KRW 1,100,000, and the term of lease from May 18, 201 to April 30, 201 (hereinafter “instant lease agreement”).

(2) The Plaintiff and the Defendant have delivered the instant building to the Defendant according to the terms and conditions of the lease agreement. (2) Since then, the Plaintiff and the Defendant have renewed the instant lease agreement annually.

B. 1) During the lease period, the Defendant: (a) paid to the Plaintiff the amount of KRW 6.6 million in the second half of August 2010; (b) KRW 3.3 million in August 31, 2012; (c) KRW 5.5 million in January 30, 2013; (d) KRW 2.2 million in May 14, 2013; (e) KRW 110,000 in September 30, 2013; (e) KRW 11,110,000 in November 6, 2013; and (e) KRW 23,100,000 in total to the Defendant on December 19, 2014; and (e) paid the Plaintiff the instant lease contract to the Defendant on the grounds that the Plaintiff’s declaration of intention to delay was delivered to the Defendant on at least 261,000 in arrears.

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

2. Determination as to the principal lawsuit

A. According to the above facts, the lease contract of this case was terminated on the ground of the Defendant’s delinquency in rent of more than two years.

B. Therefore, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with payment from the plaintiff after deducting the overdue rent of KRW 60,000 and unjust enrichment of the rent from the overdue rent of KRW 60,000,00 as the plaintiff did not have any special circumstances.

3. Judgment on the defendant's defense and counterclaim

A. The defendant's assertion is the defendant.

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