(영문) 서울북부지방법원 2018.02.06 2017가단10876

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(영문) 서울북부지방법원 2018.02.06 2017가단10876

건물명도 등

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1. The Defendants jointly do so to the Plaintiff:

(a) Indication 1, 2, 3, 4, 4. of the annexed drawings among the real estate strata listed in the annexed list;

Reasons

1. Facts of recognition;

A. On July 14, 2016, the Plaintiff, the owner of real estate listed in the separate sheet, entered into a lease agreement with the Defendants on the leased property of KRW 1,2,3,4, and 34.8 square meters (hereinafter “the leased object of this case”) with respect to the portion 1,4.8 square meters in the separate sheet among the real estate sub-storys listed in the separate sheet (hereinafter “the leased object of this case”) among the real estate sub-sites listed in the separate sheet, and the lessee continued to pay KRW 1,00,000,000,000 out of the initial deposit was paid after two months, but the Defendants did not pay the remainder of KRW 1,00,000,000 (payment on July 25, 2016), and the lease agreement between July 20, 2016 to July 19, 2016 (hereinafter “the lease agreement”).

B. The Defendants paid monthly rent of August 2016 (250,000 won on August 24, 2016) and of September 2016 (2.30,000 won after subtracting KRW 20,000 from the repair cost on September 24, 2016) and monthly rent of October 2016 (2.30,000 won on October 29, 2016).

C. The Plaintiff, through the service of the duplicate of the instant complaint, declared that the instant lease agreement will be terminated on the grounds of more than two lease delays of the Defendants. The duplicate of the instant complaint reached Defendant B on May 23, 2017, and Defendant C on September 8, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the above lease contract was legally terminated as a service of a copy of the complaint of this case containing the intent of the plaintiff to terminate the lease contract of this case on the grounds of the following delay of the defendants.

On the other hand, the obligation to return the object to the lessor of the joint lessee of the building, and the obligation to return the rent and the unjust enrichment equivalent to the rent.

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